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Full text of "Bombay Act No. III of 1901: The Bombay District Municipal Act, 1901, As Modified Up to the 1st September 1907"

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Bombay act 
no. in of 1901 



Bombay (India 
State) 



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GOVEBNMENT OF BOMBAY. 



LEGAL DEPARTMENT. 



BOMBAY ACT No. Ill OF 1901. 



THE BOMBAY DISTRICT MUNICIPAL ACT, 1901, 



*A3 MODIFIED UP TO THE 1st SEPTEMBER 1907. 



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OFFICIAL ACENTS FOR THE SAtE OF INDIAN OFFICIAL 
PBBLKATHJMS. 
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Jt ^ tf 1 ?; 41 & *** Madd0x *"* ^^ **«*> *« Lo«d«n. 

22S * >i°' 0raBeeStreet ' ^^ S «^ W. C., Won. 
Gnndlay & Co., 64, Parliament Street, S. W., Londtm. 
Henry S. King & Co., 65, Comhill, E. C, London 

& lE8L* ^ 2 & *' Qwat Smifll S4reet > Weetmimter, S.W., 

K **£2S T^enCh, Tr5bMr * ^^ Gemii **"«> Soho » W > 
B. Qnaritch, 11, Grafton Street, New Bond Street, W., London 
T. Fisher Unwin, 1, Adelphi Terrace, London, W. C. 
W. Thacker & Co., 2, Creed Lane, London, E. C. 
B. H. Blackwell, 50 & 51, Broad Street, Oxford. 
Deighton Bell ft Co., Cambridge. 

On the Continent. 
Friedlander ft Sohn, 11, Carfstiasse, Berlin. 
Budolf Haupt, Halle-a-S., Germany. 
Otto Harrassowitz, Leipzig. 
Karl W. Hiersemann, Leipzig. 
Ernest Leronx, 28, R u 6 Bonapart^ Paris. 
Martinns Nijhoff, The Hague. 

In India. 
Higginbotham ft Co., Madras. 
V. Kalyanarama Iyer ft Co., Madras. 
P. R. Kama Iyar ft Co., Madras. 
Thacker, Spink ft Co., Calcutta. 
W. Newman ft Co., Calcutta. 
. S. K. Lahiri ft Co., Calcutta. 
B. Cambray ft Co., Calcutta. 
Thacker ft Co. (Ld.), Bombay. 
A. J. Combridge ft Co., Bombay. 
Curator, Government Centn.l Book Depot, Bombay 
D. B. Taraporevala, Sons ft Co., i>>mbay. 
Sunder Fandurang, Bookaelle. et Bombay. 
Gopal Narayen ft Co., Bookseller. - ., Bombay. 
N. R Mathnr, N. K. H. Preea, A.U-J„*bad. 



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GOVERNMENT OF BOMBAY. ^XZZu&tr 



LEGAL DEPARTMENT. 



BOMBAY ACT No. Ill OF 1901. 



THE BOMBAY DISTRICT MUNICIPAL ACT, 1901, 



AS MODIFIED UP TO THE 1st SEPTEMBER 1907. 




/ 

BOMBAY / ^ 

PRINTED AT THE GOVERNMENT CENTRAL PRESS / 



1907 / 



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PUBLIC LIBRARY 



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GopalNa. 
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PREFACE. 



The Bombay Distriot Municipal Act, 1901 (Bom. Ill 
of 1901), has been amended by Bombay Acts III of 1902, 
III of 1903 and IV of 1904 

In reprinting the Act repealed matter has been omitted, 
and amendments inserted, with explanatory foot- 
notes. 



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BOMBAY ACT No. Ill OF 1901. 



CONTENTS 



CHAPTER I— Preliminary. 

Sections. 

1. Short title. 
Local extent. 
Commencement. 

2. Repeal. 
Saving clause. 

3. Definitions. 

CHAPTER II. — Constitution of Municipalities. 

(-?) Municipal districts. 

4>. Declaration of municipal districts. 
Limits to be specified in notification. 
Erection and maintenance of boundary-marks. 
Property and rights of municipality which has ceased to 
exist to vest in Government. 
5. Municipal districts to be periodical or permanent. 
6 ; What local areas may be declared to be periodical municipal 
districts. 

7. What local areas may be declared to be permanent municipal 

districts. 
Naming of municipal districts comprising two or more places. 

8. Permanent municipal districts. 

(#) Municipalities. 

9. Constitution and incorporation of municipalities. 

10. Municipalities to consist of elected and nominated councillors. 
In specified proportions. 

Failure to elect. 

1 1 . The Governor in Council may determine number of councillors, 

fix proportion of elected and nominated councillors and make 
rules for regulating elections. 

12. Provision as to admission of certain qualifications. 

13. Operation of lists. 

Right to vote to depend on entry in roll. 

1 4. Constitution of municipalities in exceptional cases. 
Periodical municipalities. 

Taxes, rules and by-laws in periodical municipalities. 
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11 
Sections. 



(3) Municipal councillors. 



15. General disqualifications for becoming a councillor. 
' Disabilities from continuing a councillor. 
Powers of Government and of the Commissioner to decide 
whether vacancy has occurred. 

16. Liability to removal from office. 

17. Term of office, 

18. Casual vacancies how to be filled up. 

19. Re-eligibility of councillors. 

20. Publication of names of councillors in the Bombay Government 

Gazette. 

(4) Municipal elections. 

21. General disqualifications of voters, 

22. Determination of validity of elections. 
Powers of Judge holding inquiry. 

Declaration in case of corrupt practice by a candidate. 

Scrutiny of votes and declaration in other cases. 

What is a corrupt practice. 

Candidate when deemed to have committed corrupt practice. 

Promise of individual profit. 

Mere irregularities and informalities not to invalidate election. 

Disqualification of candidate for corrupt practice. 

(5) Presidents and vice-presidents. 

23. Selection of president. 

President how appointed or when to be elected. 

Election of vice-president, subject in certain cases to confir- 
mation. 

Effect of notification of ex officio president. 

Consequences of absence of president or vice-president without 
leave. 

Limit to grant of leave, and arrangements pending absence 
of vice-president. 

Liability of president and vice-president to removal and term 
of office. 

Vacancies in their office how to be filled up. 

24. Functions of presidents. 

Presidents in what cases to have only a casting vote. 

25. Functions of vice-presidents. 

CHAPTER III. -Conduct of Business. 

(1) Municipal meetings. 

26. Provisions in regard to meetings of a municipality. 
Ordinary general meetings. 

Special general meetings. 



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Ill 

Sections. 

Notice to be given of meetings. 

Municipal meetings to be held at municipal office. 

Every meeting how presided over in the absence of the presi- 
dent and the vice-president. 

Meeting must ordinarily be open to the public. 

Number of councillors required to form a quorum. 

What business to be transacted at meetings and order of 
business how to be settled. 

Minutes of proceedings to be kept. 

All questions to be decided by a majority of votes. 

Adjournments of meetings. 

Modification and cancellation of resolutions. 

Notice of certain business to be given to the Government 
Executive Engineer or Educational Inspector. 

Certain Government officers may attend meetings of munici- 
palities. 

Municipalities may require the presence of certain of the said 
officers at their meetings. 

(2) Committee*. 

27. Managing committees. 

Power of managing committees. 

28. School committees. 

29. Other executive committees. 

30. Consultative committees. 

31. When persons other than councillors may serve on committees. 
Duties, etc., of such persons. 

32. Casual vacancies — re-eligibility. * 

33. When chairman to be ex officio. 

When no ex officio chairman, municipality may appoint chair- 
man. 

When ex officio or appointed chairman does not attend meet- 
ing, committee may appoint chairman of meeting. 

If there is no chairman ex officio or appointed by the munici- 
pality, committee may appoint chairman. 

34. Procedure at meetings. 

Committee may meet when they think proper. 

Number of members required to form a quorum at committee 

meetings. 
36. Procedure by circular. 

Propositions when to be sent to Government officers for 

remarks. 
Decisions how to be taken on propositions circulated* 
And how to be recorded. 
Procedure by circular when applicable to other municipal 

business. 
36. Subordination of committees to instructions of municipality 

and compliance with requisitions of municipality. 
Order subject to revision and appeal. 



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IV 

Sections. 



(3) Delegation of powers to individuals. 



37. Powers, duties and functions may be delegated to officers 
whose expenses may be paid. 

(4) Validity of proceedings. 

88. Acts and proceedings of municipality and committees not 

vitiated by disqualifications, etc., of members thereof. 

Proceedings of meetings to be good and valid until the con- 
trary is proved. 

Vacancy not to affect municipality's proceedings. 

(5) Joint transaction with other bodies. 

89. Joint committees of two or more municipalities or other local 

bodies. 
Agreement for joint levy of octroi. 

(6) Contracts. 

40. Competency of municipality to lease, sell and contract. 
Subject in certain cases to sanction of Commissioner. 
Sanction by resolution at general meeting requisite to validity 

of certain contracts. 
Sanction of municipality when requisite in other cases. 
Sanction by committees and individuals empowered. 
Mode of executing contracts. 
Invalidity of contracts unless requirements of this section are 

fulfilled. 

(7) Compulsory acquisition of land. 

41. Recourse to the Land Acquisition Act, 1894. 

(8) Liabilities of councillors, officers and servants* 

42. Councillors to be held responsible for misapplied funds. 
Municipal funds ordinarily liable for all costs and expenses 
incurred. 

43. Officer or servant of any municipality not to be interested in 

any contract with such municipality. 
Effect of acquiring such interest. 
Saving clause. 

44. Penalty for councillor, officer or servant of a municipality 

being interested in any contract, etc., with that munici- 
pality. 

45. Penalties imposed by the Indian Penal Code. 



CHAPTER IV*— Rules and By-laws. 

_ ilities to wfjke rules ; 
regulating the Widuct of business ; 



46. Municipalities to wfjke rules ; 
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Sections. 

fixing the functions of the president and the establish- 
ment ; 

for general guidance of municipal servants ; 

fixing the amount of tbe security to be furnished ; 

determining mode of appointing, etc., municipal servants ; 

delegating power to appoint, etc. ; 

granting leave to municipal servants ; 

fixing pensions, etc. ; 

contributing to provident funds ; 

prescribing the taxes, etc., to be levied for municipal pur- 
poses; 

for writing off amounts due and remiting fees. 
Approval required to rules. 
Proviso as to officers transferred from or to the service of 

Government. 
Notice required in certain cases of dismissal. 

47. Power to suspend, reduce or abolish any existing tax. 

48. Power to make by-laws ; 

for markets and slaughter-houses, etc., etc. ; 

for licensing, regulating and inspecting certain businesses ; 

regulating the stalling of cattle, etc. ; 

for regulating dairies and cattle sheds, milk stores, etc. ; 

for inspection of weights and measures ; 

for registration of births, etc ; 

regulating the disposal of the dead ; 

for enforcing supply of information as to epidemics ; 

for enforcing information as to liability to municipal 
taxation ; 

octroi by-laws ; 

for protecting water ; 

regulating public baths, etc. ; 

for conservancy ; 

regulating structures and buildings ; 

for providing for streets ; 

for ensuring ventilation ; 

requiring qualified surveyors in City Municipalities ; 

control of drains ; 

requiring information and plans in certain cases ; 

for controlling unwieldy traffic ; 

regulating municipal administration. 
Fine may be imposed for infringement of by-laws. 
Publication of drafts of proposed by-laws. 
Objections and suggestions to be submitted to Government, 

49. Rules and by-laws to be printed and sold. 

CHAPTER V.— Municipal Property and Ftmb. 

50. Power to acquire and hold property. 
Property vested in the municipality. 



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VI 

Sections. 

51« Municipal Fund. 

Provision as to special trusts. 
When special trusts may be created. 

52. Municipal property and funds how to be applied. 

53. Power to deposit and invest surplus funds. 

Surplus not so deposited or invested how to be dealt with. 

CHAPTER VI.— Obligatory and Discretional Functions 
of Municipalities. 

54. Duties of municipalities. 

55. Provision for lunatics and lepers. 

56. Discretionary powers of expenditure of municipalities. 

57. Arrangements purporting to be binding permanently or for a 

term of years. 

58. Management of public institutions maintained by municipa-, 

lities to vest in them. 

CHAPTER VII.— Municipal Taxation. 

(1) Imposition of taxes, 

59. Taxes which may be imposed. 

60. Procedure of municipality preliminary to imposing tax. 

61. Power to sanction, modify and impose conditions. 

62. Publication of sanctioned rules with notice. 

(2) Assessment of and liability to rates. 

63. Preparation of an assessment-list. 
Power to inspect. 

Returns to be furnished. 

64. Publication of notice of assessment-list. 

65. Public notice of time fixed for revising assessment-list. 
Objections how to be made. 

Hearing of objections. 
Authentication of list. 
Custody and inspection of list. 
Authenticated list how far conclusive. 

66. Amendment of assessment list. 
Objections how dealt with. 
Effect of amendment. 

67. New assessment-list need not be prepared every year. 

68. Tax from whom primarily leviable. 
Recovery from occupiers. 
Remedy of occupier in such case. 

69. Remission of tax in case of vacancies : 

when obligatory ; 

when discretional. 
Burden of proof on claimant. 
Explanatory clause. 



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vu 

Sections. 

(5) Power to charge fees* 

70. Municipality may charge fees for certain licenses. 
Market and other fees. 

(4) Special provisions relating to certain taxes , 

71. Fixed charges and agreements for payment in lieu of taxes 

for water supplied. 
Power to fix a special rate in lieu of special sanitary cess. 
Power to compound tax on vehicles or animals. 
Recovery of sums claimed under this section. 

72. Taxes on pilgrims may be assigned in part to local boards. 
78. Power of Government to suspend levy of objectionable taxes. 

74. Power of Government to require municipalities to impose 

taxes. 

(5) Octroi and tolls. 

75. Octroi by-laws to be submitted with proposal for imposition 

of octroi. 

76. Power to examine articles liable to octroi. 
Power to search where octroi is leviable. 

77. Presentation of bills for octroi. 
Penalty for evasion of octroi. 

78. Tables of tolls to be shown on demand. 

79. Power to seize vehicle or animal on non-payment of octroi 

or toll. 
Power to sell property seized at once. 
Release of property on payment. 
Sale. 
Surplus how dealt with. 

80. Power to keep account current with firm or public body in 

lieu of levying octroi on introduction of goods. 

81. Collection of octroi by one public body on behalf of others. 

CHAPTER VIII.— Recovery of Municipal Claims. 

82. Presentation of bill for taxes. 
Contents of bill. 

If bill not paid within fifteen days, notice of demand to 
issue. 

83. In what cases warrant may issue. 
Warrant by whom to be signed. 
Power of entry under special order. 
Warrant how to be executed. 

84. Sale of goods distrained. 
Application of proceeds of sale. 
Surplus, if any, how dealt with. 

85. Fees and costs chargeable. 



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Vlll 

Sections. 

86. Appeals to Magistrates. 

87. Liability of land, buildings, etc., for rates. 

88. Suspension of power to recover by distress and sale. 

89. Receipts to be given for all payments. 

CHAPTER IX.— Municipal Powers and Offences. 

(1) Powers in respect of streets, 

90. Powers regarding streets, etc. 

Power to require repair of streets and to declare such streets 
public. 

Power to declare any street a public street subject to objec- 
tions by the owners. 

91. New streets. 

Power of municipality to pass orders. 
Right to proceed in certain cases. 
Penalty. 

(2) Powers to regulate buildings, etc. 

92. Setting back projecting buildings. 

Acquisition of land which is within the regular line of a street 

and open or occupied only by platforms, etc. 
Compensation payable by the municipality. 

93. Setting forward to regular line of street. 

94. Roofs and external walls of buildings not to be made of in- 

flammable materials. 
Power to require removal of roof and wall if inflammable. 
Penalty. 

95. Level of buildings. 

96. Notice of new buildings. % 
Power of municipality to pass orders. 

Or to suspend the work or to require further particulars. 
Right to proceed in certain cases. 

97. Regulation of huts. 

98. Improvement of huts. 

(8) Powers connected with drainage, etc. 

99. Municipal control over drains, etc. 

100. Powers for making drains. 

101. Sufficient drainage of houses. 

New buildings not to be erected without drains. 

102. Power of owners and occupiers of buildings or lands to drain 

into municipal drains. 

103. How right to carry drain through land or into drain belonging 

to othej persons may be obtained. 
Such right how and on what conditions to be authorized by 
municipality. 



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Sections. 

Written order of municipal authority for execution of neces- 
sary work. 

104. Work how to be carried out. 

105. Eights of owner of land through which drain is carried in 

regard to subsequent building thereon. 

106. Provision of privies, etc. 

107. Cost of altering, repairing and keeping in proper order 

privies, etc. 

108. Power to close existing private drains. 

109. Power in respect of sewers, etc., unauthorizedly constructed, 

rebuilt or unstopped. 

1 10. Encroachment on municipal drains. 

111. Inspection of drains, etc. 

Expense of inspection when to be borne by the municipality. 

112. Municipality may execute certain works under this sub- 

chapter without allowing option to persons concerned of 
executing- the same. 
Expenses in such cases by whom to be paid. 

(4) Powers regarding external structures, etc, 

113. Permission necessary for certain projections. 
Removal of projections. 

114. Troughs and pipes for rain-water. 

115. Fixing of brackets, etc., to houses. 

116. Naming streets and numbering houses. 

117. Penalty for defacing building, etc. 

118. Removal and trimming of hedges, trees, etc. 

(5) Powers for promotion of public healthy safety and convenience. 

119. Ruinous or dangerous buildings. 

Action to be taken on default by owner or occupier. 
Proviso if danger is not imminent. 

120. Powers and duties with regard to dangerous, stagnant or 

insanitary sources of water-supply. 
Remedy on non-compliance with directions issued. 

121. Displacing pavements, etc 

Penalty for failure to replace after notice. 

122. Obstructions and encroachments upon public streets and open 

spaces. 
128. Hoards to be set up during repairs, etc. 

124. Fencing and lighting during repairs, etc. 

125. Timber not to be deposited or hole made in a street without 

permission. 

126. Dangerous quarrying. 

{6) Powers for the prevention of nuisance** 

127. Depositing dust, etc, 
12S. Discharging sewage, etc* 

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Sections. 

129. Non-removal of filth, etc. 

130. Removal of night-soil. 

131. Filthy buildings, etc. 
Deserted and offensive buildings. 

132. Power to enter and inspect, etc., buildings. 

133. Bathing places. 
184. Fouling water. 

135. Abatement of nuisances. 

136. Using offensive manure, etc. 

137. Tethering cattle, etc. 

138. Consumption of smoke. 

(7) Regulation ofmarkets y sale of food, etc. 

139. Licensing markets and slaughter-houses. 

140. Opening, closing and letting of markets and slaughter-houses. 

141. Slaughter-houses, etc., beyond municipal limits. 

142. Search for and inspection of unwholesome articles. 
Adulterated articles for food or drink. 
Protection to persons acting in good faith. 

Application for summons to be refused if not applied for 
within reasonable time. 

143. False weights and measures. 

(8) Prevention of dangerous diseases. 

144. Powers which may at any time be conferred. 

Penalties for disobedience to an order passed in exercise of 
such powers. 

145. Duties of municipality on threatened or actual outbreak of 

dangerous disease* 
Penal clauses. 

146. Withdrawal and modification of powers and orders. 

147. Duties of municipality in respect of diseases among cattle, 

sheep or goats. 

148. Proceedings to abate the overcrowding of the interiors of 

buildings. 
Procedure of Magistrate. 

149. Special powers wnich may be conferred by the Governor in 

Council in respect of overcrowded areas notified by the Gov- 
ernor in Council. 

150. Closing of places for disposal of the dead. 

(9) Nuisances from certain trades and occupations. 

151. Regulation of certain trades. 
Liability to penalty after notice. 

Penalty for unlicensed places in district in which by-laws 
under section 48 (6) (iti) are in force. 

152. Loitering or importuning for purposes of prostitution. 

153. Brothels. 



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xi 

Sections. 

(10) Service of notices, and penalties on non-compliance therewith. 

154. Service of notices, etc., addressed to individuals. 

Service of notices on lt owners " or " occupiers f * of buildings 

and lands. 
Public and general notices how to be published. 
Defective form not to invalidate notice. 
Execution of acts required to be done by any notice. 

155. Punishment for disobedience to orders and notices not punish- 

able under any other section. 

156. Municipality in default of owner or occupier may execute 

works and recover expenses. 

Agreement for construction of drainage and water connec- 
tions. 

Improvement expenses. 

Power to levy charges on occupier, who may deduct the same 
from his rent. 

Occupiers not to be liable for more than the amount of rent 
due. 

157. Occupier, in default of owner, may execute works and deduct 

expenses from his rent. 

158. Proceedings if any occupier opposes the execution of the Act. 

159. Entry for purposes of the Act. 

ICO. Arbitration in cases of compensation, etc. 

CHAPTER X.— Prosecutions, Suits and Powers of Police. 

161. Municipality may prosecute. 
Jurisdiction of Magistrate. 

162. Distress lawful though defective in form. 

163. Damage to municipal property, how made good. 

164. Alternative procedure by suit. 

165. Power to compromise. 

166. Assistance for the recovery of rent on land. 

167. Limitation of suits, etc. 

168. Powers of Police-officers. 

CHAPTER XI.— Municipal Accounts. 

169. Presentation of accounts. 
Budget estimates. 

170. Audit of accounts. 

171. Transmission of accounts to Government. 

172. Publication of accounts. 

CHAPTER XII.— Control. 

173. Collector's power of inspection and supervision. 

174. Collector's power of suspending execution of orders, etc., of 

municipalities. 



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Sections. 

Collector's order to be reported to Commissioner, who may 

confirm or modify it. 
Every case under this section to be reported to Government 

for their final orders. 

175. Extraordinary powers of Collector in case of emergency. 

176. Power of Commissioner to prevent extravagance in the em- 

ployment of establishment. 

177. Governor in Council may require any City Municipality to 

appoint a chief officer, health officer, or an engineer. 

178. Power of Government to provide for performance of duties in 

default of municipality. 

179. Power of Government to supersede municipality in case of 

incompetency, default or abuse of powers. 
Consequences of exercise of such power. 
Power after inquiry to continue period of supersession. 

180. Powers of Government and of the Commissioners over Col- 

lectors, etc. 

CHAPTER XIII.— Special Provisions for City Municipalities. 

181. Constitution of City Municipalities. 

182. City Municipality may appoint a chief officer, health officer 

and engineer. 
188. Powers of chief officer. 

184. Chief officer's powers of appointment and punishmdfct. 

185. Delegation of chief officer's powers. 

186. Chief officer may take part in discussions. 

CHAPTER XIV.— Notified Areas. 

187. Constitution of notified areas. 

188. Power of Government to impose taxation and regulate expend- 

iture of the proceeds thereof. 

189. Application ot Act to notified areas. 

190. Preliminaries to notification. 
Power to cancel notification. 

191. Applications of funds of areas ceasing to be notified. 

SCHEDULES. 



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BOMBAY ACT No. Ill of 1901. 

f First published, after having received the assent 
of the Governor General, in the Bombay Govern* 
ment Gazette on the Ut April, 1901.) 

An Act for the better management of municipal affairs in 
mof nasil towns and cities* 

WHEREAS it is expedient to consolidate and 
amend the law relating to the management 
of municipal affairs in cities and towns in the 
Bombay Presidency other than the City of Bombay ; 
It is enacted as follows : — 

CHAPTER I.— Preliminary. 

1. (1) This Act may be cited as the Bombay Short title. 
District Municipal Act, 1901. 

(2) It extends to the whole of the Presidency of Local 
Bombay, except the City of Bombay. extent. 

(3) It shall come into force on the first day of Oommenoe- 
April, 1901. m6nt - 

Bom. VI of 2« (1) The Bombay District Municipal Acts of Repeal- 
^ 73 * 1873 and 1884 are hereby repealed : 

J 884 provided that 

(a) the said repeal shall not affect the validity Saving 
or invalidity of anything already done under either <&***>• 
of the said enactments ; 

{b) all municipalities constituted, municipal 
commissioners appointed or elected, committees 
established, limits defined, appointments, rules, 
orders and by-laws made, notifications and notices 
issued, taxes and rates imposed, contracts entered 
into, and suits and other proceedings instituted, 
under the said Acts or under any enactments 
thereby repealed, shall, so far as may be, be 
deemed to have been respectively constituted, ap- 
pointed, elected, established, defined, made, issued, 
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2 The Bombay District [bom. ih 

(Chap. L— Preliminary. Sec. 3.) 

imposed, entered into and instituted under this 
Act; and 

(<?) any enactment of the Governor of Bombay 
in Council, or document referring to any such 
repealed enactment, shall, so far as may be, be 
construed to refer to this Act or to the corres- 
ponding portion thereof. 

(2) Of the Bombay Prevention of Adulteration 
Act, 1899, in section 5, the whole of sub-section (8), Bom. II of 
and clause (ft) of sub-section (5), and in section 6, 1899. 
the whole of sub-section (£) are hereby repealed, 

Definitions. 3» In this Act and in the schedules, unless there 
be something repugnant in the subject or con- 
text — 

(1) u City Municipality " shall mean any muni- 
cipality which 

(a) is one of those specified in Schedule E, or 

(b) has been declared under sub-section (1) 
of section 181 a City Municipality, 

and whioh has not ceased, under sub-section (£) 
of section 181, to be a City Municipality. 

(2) " Councillor " shall mean any person legally 
a member of a municipality constituted under this 
Act, 

(8) "Commissioner" shall mean the commis- 
sioner of a division appointed under the Bombay 
Land-Revenue Code, 1879, and in Sind, the Com- _ v 
missioner in Sind ; provided that nothing in this lg ^ ° 
Act shall affect the powers of the Governor in 
Council, under the provisions of Act V of 1868, to 
delegate any of the powers of the Governor in 
Council under this Act to the Commissioner in 
Sind. 

(4) " Judge " shall mean District Judge, Joint 
Judge, Assistant Judge, Judge of a Court of Small 



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of 1901^ Municipal Act, 1901. 3 

{Chap. L — Preliminary. Sec. 3.) 

Causes, Subordinate Judge, Joint Subordinate 
Judge, or a Judge appointed under the Dekkhan 
Agriculturists* Relief Acts [ a "|, 1879 to 1895. 

(5) "Municipal distriot" shall mean any local 
area which is at present a municipal distriot, and 
any local area which may hereafter be constituted 
a municipal district under section 4, if such muni- 
cipal district has not ceased to exist under the 
provisions of the said section* 

(6) " Land " shall include land which is built upon 
or covered with water* 

(7) " Building " shall include any hut, shed or 
other enclosure, whether used as a human dwelling 
or otherwise, and shall include also walls, verandahs, 
fixed platforms, plinths, door-steps, and the like. 

(8) " Owner " shall inolude the person for the 
time being receiving the rent of lands and build- 
ings or either of them, whether on his own account 
or as agent or trustee for any other person or for 
any society, or for any religious or charitable pur- 
poses, or who would so receive the rent if such land 
or building were let to a tenant : provided that no 
person receiving the rent of any land or building as 
agent or trustee for another person, shall be liable 
to do anything by this Act required to be done by 
the owner of such land or building which may 
involve expenditure on the part of such owner, 
unless he have funds of, or due to, the owner suffi- 
cient to pay for the same ; nor shall he be subject 
to any penalty for omitting to do. such act, if he 
can prove that the default was occasioned by reason 
of his not having funds of, or due to, the owner 
sufficient to defray the expense of doing the act 
required. 

(9) " Salaried servant of Government " shall not 
include a retired servant of Government in receipt 

[*] " Acts " was substituted for <c Act " by Bom. Ill of 1902, 
s.2. 



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4 The Bombay District [bom. hi 

(Chap. I.— Preliminary. Sec S.) 

of a pension, or a person in receipt of a salary from 
Government who is not a full-time servant of 
Government. 

(10) "Official year" shall mean the year com- 
mencing on the first day of April. 

(11) " Annual letting value" shall mean the 
annual rent for which any building or land, exclu- 
sive of furniture or machinery contained or situated 
therein or thereon, might reasonably be expected to 
let from year to year. 

(12) €€ Street" shall mean any road, footway, 
square, court, alley or passage, accessible whether 
permanently or temporarily to the public, whether 
a thoroughfare or not; 

and shall include every vacant space, notwith- 
standing that it may be private property, and partly 
or wholly obstructed by any gate, post, chain or 
other barrier, if houses, shops or other buildings 
abut thereon, and if it is used by any persons as a 
means of access to or from any public place or 
thoroughfare, whether such persons be occupiers 
of such buildings or not, but shall not include any 
part of such space which the occupier of any such 
building has a right at all hours to prevent all other 
persons from using as af oreasaid. 

. (13) " Public street " shall mean any street — 

(a) over which the public have a right of way, 
or 

(6) heretofore levelled, paved, metalled, chan- 
nelled, sewered or repaired, out of municipal or 
other public funds, or 

(c) which under the provisions of section 90 is 
declared by the municipality to be, or under any 
other provisions of this Act becomes, a public 
street. 



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op 1901] Municipal Act, 1901 . 5 

{Chap. I. — Preliminary. Sec. 3.) 

{14) " Tax " shall include any toll, rate, cess, fee 
or other impost leviable under this Act. 

{15) " Nuisance " shall inolude any act, omission, 
place or thing which causes or is likely to cause 
injury, danger, annoyance or offence to the sense of 
sight, smelling or hearing, or which is or may be 
dangerous to life or injurious to health or property. 

(16) " Dangerous disease " shall mean cholera, 
plague, small-pox, and any endemic, epidemic or 
infectious disease by which the life of man is en- 
dangered. 

(17) " Vehicle" shall include bicycles, tricycles 
and automotor oars, and every wheeled conveyance 
which is used or capable of being used on a public 
street. 

(18) cc Public securities " shall mean — 

(a) securities of the Government of India, 

(b) stocks, debentures or shares in railway 
or other companies, the interest whereon has been 
guaranteed by the Secretary of State for India 
in Council, 

(c) debentures or other securities for money 
issued by or on behalf of any local authority in 
exercise of powers conferred by an Act of a legis- 
lature established in British India, or 

(d) a security expressly authorized by any 
order which the Governor in Council makes in 
this behalf. 

{19) In Sind the word « Sind Official Gazette v 
shall be deemed to be substituted for the words 
"Bombay Government Gazette" wherever they 
occur in this Act. 



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Declara- 
tion of 
municipal 
districts. 



6 The Bombay District [bom. ni 

(Chap. IL— Constitution cf Municipalities. Sec. 4.) 

CHAPTER II— Constitution of 
Municipalities. 

(1) Municipal districts. 

4. (J) Subject to the provisions of sections 6, 7 
and 8, the Governor in Council may frpm time to 
time, by notification in the Bombay Government 
Gazette, declare any local area to be a municipal 
district, and may from time to time, by a like notifi- 
cation, extend, contract or otherwise alter the limits 
of any municipal district, or declare that any local 
area shall, from a date to be specified in the notifi- 
cation, cease to be a municipal district. 

Limits to (8) Every such notification constituting a new 

be specified municipal district, or altering the limits of an 

"cation. existing municipal district, shall clearly set forth 

the local limits of the area to be inoluded in or - 

excluded from such municipal district, as the case 

may be. 



Erection 
and main* 
tenance of 
boundary- 
marks. 



Property 
and rights 
of mnnici* 
pality 
which has 
ceased to 
exist to 
vest in 
Govern* 
ment* 



(3) It shall be the duty of the municipality in 
every municipal district already existing, and of 
every municipality newly constituted under this 
Act, and of every municipality whose local limits 
are altered as aforesaid, to cause, at their own cost, 
to be erected or set up, if and when so required by 
the Collector, and thereafter to maintain, at their 
own cost, substantial boundary-marks of such des- 
cription and in such positions as shall be approved 
by the Collector, defining the limits or the altered 
limits of the municipal district subjeot to its 
authority, as set forth in the notification. 

(4) When any local area ceases to be a munici- 
pal district, the municipality constituted therein 
shall cease to exist, and the property and rights 
vested in any such municipality shall, subject to 
all charges and liabilities affecting the same, vest 
in His Majesty, and the proceeds thereof, if any, 
shall be expended under the orders of the Governor 



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op 1901] Municipal Aet % 1901. 7 

{Chap. II. — Constitution of Municipalities. 
Sees. 5-7.) 

in Council for the benefit of the local area in which 
such municipality had jurisdiction, 

5. Municipal districts constituted under section Municipal 
4 may be either periodical or permanent. districts to 

be perio- 
dical or 
permanent. 

6. Any local area in which a periodical fair What 

is held or which is visited periodically by pilgrims, local areas 
together with any neighbouring local area to which ^Jj£ d ^ 
the people attending such fair or the pilgrims resort ^ periodi- 
whilst such fair or pilgrimage lasts, may be declar- oal munici- 
ed a periodical municipal district at and through- P 8 ? dis ~ 
out certain specified recurring seasons. tnctfl * 

7. (1) Any local area which ootnprises— wi^ j^ 
(a) a city, town or station or two or more J"- 6 * 8 ma J 

neighbouring cities, towns and stations, with or jjbepa^ 4 
without any village, suburb, or land adjoining manent 

thereto, Or municipal 

(i) a village or suburb or two or more neigh- dlBfcnct8, 
bouring villages and suburbs, 
may be declared a permanent municipal district : 
provided that, except — 

(a) in the case of hill-stations, or 

(b) for exceptional reasons, which shall be 
clearly set forth in the proclamation under sec- 
tion 8 and in the notification issued under sec* 
tion 4, 

it shall not be lawful — 

(t) to include any city, town, station or suburb 
in a permanent municipal district with any other 
city, town, station or suburb from which it is 
separated by an extent of more than one mile of 
land unoocupied by houses ; or 

(ii) to constitute any municipal district in any 
area of which the population is less than two 
thousand. 



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8 The Bombay District [bom. ni 

{Chap* II. — Cotiitittttion of Municipalities. Sec. 8.) 

Naming of (jfy When two or more places bearing different 
dSwi^ names are formed into one municipal district, the 
comprising name of the municipal district shall be determined 
two or more by the Commissioner, 
placets. 

Permanent 8. {1) Not less than two months before the pub- 
?S^ ,Cipal ^cation °f an y notification declaring any local area 
1 ot8# a permanent municipal district, or altering the 
limits of any such district, or declaring that any 
local area shall cease to be a municipal district, the 
Governor in Council shall cause to be published 
in the Bombay Government Gazette, in English, and 
in at least one of the local newspapers, if any, in 
the language of the district in which such local 
area is situated, and to be posted up in con- 
spicuous spots in the said local area in the language 
of the said district, a proclamation announcing that 
it is proposed to constitute such local area a muni- 
cipal district, or to alter the limits of the munici- 
pal district in a certain manner, or to declare that 
such local area shall cease to be a municipal dis- 
trict, as the case may be, and requiring all persons 
who entertain any objection to the said proposal to 
submit the same, with the reasons, therefor, in writ- 
ing to the Collector within two months from the 
date of the said proclamation, and whenever it is 
proposed to add to or exclude from a municipal 
district any inhabited area, it shall be the duty of 
the municipality also to cause a copy of such pro- 
clamation to be posted up in conspicuous places 
in such area. 

(2) The Collector shall, with all reasonable 
despatch, forward every objection so submitted to 
Government. 

(3) No such notification as aforesaid shall be 
issued by the Governor in Council unless the objec- 
tions, if any, so submitted are, in his opinion, 
insufficient or invalid. 



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of 1901] Municipal Act, 1901. 9 

(Chap. II. — Constitution of Municipalities. 
Sees. 9-11.) 

(3) Municipalities. 

9. In every municipal district there shall be9 onsfc,tT1 " 
a municipality, and every such municipality shall j^JJ^. 
be a body corporate by the name of " The Munici- tion of 
pality of — ", and shall have perpetual succession munici- 
and a common seal, and may sue and be sued in paKties. 
their corporate name. 

10. (1) Except as is hereinafter otherwise pro- Munici- 
vided, every such municipality shall consist of — con^of 

(a) elected councillors ; elected and 

v ' nominated 

(6) nominated councillors, if any, that is to say, councillors. 

such persons, as from time to time 

(i) are by name appointed in this behalf 
by, or 

(ii) are executing the functions of any office 
from time to time notified in this behalf by 
the Commissioner : 

provided that the number of elected councillors I» specified 
shall be not less than one-half of the whole Proportions, 
number, inclusive of the president, and that not 
more than one-half of the nominated councillors 
shall be salaried servants of Government. 

(4?) Any vacancies due to failure to elect the full Failure to 
number of elected councillors which under this elect, 
section might be elected, may, notwithstanding any- 
thing in this Act contained, be filled up by nomi- 
nation by the Commissioner. 

11. The Governor in Council shall from time to The Gov- 

time, generally or specially for each municipality, — e* 110 * *» 

Council 

(a) determine the number of councillors ; may de- 

termine 

(b) fix, subject to the provisions of the last number of 
preceding section, the proportion of the coun- councillors ; 
cillors, if any, who shall be nominated ; £* propor- 

elected and 
B 1159-2 



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10 



The Bombay District [Bom. hi 



nominated 
councillors ; 
and make 
rtdes for 
regulating 
elections. 



(Ghap. II. — Constitution of Municipalities. 
See. 12.) 

(c) make rules consistent with this Act, for 

(i) fixing the dates and the time and manner 
of holding elections, general or casual, of coun- 
cillors to be elected ; 

(n) prescribing the number to be elected 
by the rate-payers, or by sections of the in- 
habitants, or by public bodies or associations, if 
any, and the qualifications of candidates and of 
voters other than as hereinafter provided ; 

(Hi) preparing and revising the lists of voters 
from time to time, fixing the date after which 
no application for enrolment in any such list 
under preparation or revision shall be received, 
declaring the manner in which the right to 
vote of any undivided family, or any company 
or firm, or any other association or body of 
individuals, or any trustees of any building 
or land, being two or more in number, entered 
in such list, may be recorded and exercised, 
and prescribing the restrictions, if any, on the 
number of votes which a voter may give ; 

(iv) determining the manner in which and 
the authority by whom any objection to such 
lists in regard to the names entered therein or 
omitted therefrom may be heard and decided, 
and to what judicial authority the appeals as 
to such entries and omissions shall lie 5 

(p) prescribing the date, subject to the pro- 
visions of sub-section (1) of section 13 for the 
publication of the Municipal Election Roll ; 

(vi) regulating generally such elections. 

Provision 12. Subject to the provisions of section 13 and 
astoadmis- to the disqualifications mentioned in section 15 and 
aion of sub-sections (3) and (6) of section 22 as regards 
C mtffica- candidates, and in section 21 as regards voters, 

t* 0118 * (a) every Honorary Magistrate, and 



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of 1901] Municipal Act, 1901. 11 : 

{Chap. II. — Constitution of Municipalities. 
Sec. 13.) 

(b) every Fellow and every Graduate of any 
University, and 

(c) every Advocate of the High Court and 
every Pleader holding a sanad from the High 
Court, and 

(d) every juror and assessor, 

who, for a period of not less than six months 
next preceding the date on which by the said 
rules a list of voters is required to be prepared 
or revised in a municipal . district for election 
purposes has been resident in that district, and 

(e) every person who for the like period has 
been paying taxes, other than octroi or toll, im- 
posed in that district, of an amount not less than 
such minimum as shall for the time being be 
fixed for that municipal district, by the Gover- 
nor in Council in the case of City Municipalities 
and by the Commissioner in other cases, shall 
be qualified as a candidate, and to be entered in 
the list of voters for the said district. 

13- (i) When, in accordance with rules framed Operation 
under sub-clauses (m) and (iv) of clause (c) of sec- of ll8ts# 
tion 11, a list of voters has been prepared or, upon 
a general revision, completed, a copy thereof signed 
by such person as may be designated in this behalf 
in the rules aforesaid, shall be the Municipal Elec- 
tion Roll. A new Election Roll shall be published 
in each year on such date as may be prescribed by 
the rules, and shall continue in operation for a 
period of twelve months from that day : 

provided that if a new Election Roll is not pub- 
lished in any year before the date prescribed, the 
roll then in operation shall continue in operation 
until the new roll is published. 

(S) At every election of councillors every person Right to 
enrolled in the Municipal Election Roll as for the vote to 
time being in operation under sub-seotion (I), shall de P en 4 on 

roll. 



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12 The Bombay District [bom. hi 

{Chap. II. — Constitution of Municipalities. 
Sec. 14.) 

be deemed to be entitled to vote, and every person 
not so enrolled shall be deemed to be not entitled 
to vote. 

Consfcitu- 14. (1) (a) Nothing in the* three sections last 
tion of preceding shall apply to any permanent municipal 
lUies in* district at a hill-station, or to any permanent muni- 
exceptional cipal district to which, owing to the smallness of 
cases, such district, or to the backward state or indiffer- 

ence of its inhabitants, or for other such exceptional 
reason, the Governor in Council shall, in a noti- 
fication setting forth such reasons and published 
in the Bombay Government Gazette, at any time 
declare the provisions of the said sections to be 
unsuitable. 

(b) In any such municipal district the munici- 
pality shall consist either entirely of nominated 
councillors, or partly of nominated and partly of 
elected councillors, in such proportions, and appoint- 
ed or elected by such persons, in such manner, and 
subject to such conditions, as the Governor in 
Council in the notification published under clause 
(a), or in any subsequent notification published as 
aforesaid, shall think fit to prescribe. 

{c) It shall be competent to the Governor in 
Council at any time to alter or rescind any notifica- 
tion issued by him under this section ; and in the 
event of any notification under clause (a) being 
rescinded, the municipality affected thereby shall, 
from a date to be fixed in this behalf by the Gov- 
ernor in Council, be constituted in accordance with 
the three sections last preceding. 
Periodical (£) The powers and duties conferred and imposed 
municipal jjy this Act on municipalities shall, in a periodical 
istncta. mun i ipai district, be respectively exercised and 
•discharged by a neighbouring municipality nomi- 
nated in this behalf by Government, or by a muni- 
cipality specially constituted for the time being 
and consisting of such councillors nominated in such 
manner as the Governor in Council directs. 



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of 1901] Municipal Act, 1901. 13 

{Chap. 2X— Constitution of Municipalities. 
Sec. 15.) 

(3) If in any periodical municipal district, any Taxes, 

tax has been or shall have been imposed, or any £_^to in 
rule or by-law has been or shall have been made, periodical 
under the provisions of this Act or any Act hereby municipal 
repealed, such tax, unless and until it has been districts, 
modified, suspended or abolished, shall be leviable, 
and such rule or by-law, unless and until it has 
been altered or rescinded, shall have effect, in such 
district, throughout each recurring season during 
which the district is, by virtue of a declaration 
under section 6, a periodical municipal district. 

(3) Municipal councillors. 

15. (1) No person may be a councillor — General 

/ x i diaqualifica- 

W who > ' tionsfor 

(i) having been sentenced by a Criminal becoming a 
Court to imprisonment or whipping for an connoi,lor * 
offence punishable with imprisonment for a 
term exceeding six months, or to transportation, 
such sentence not having been subsequently 
reversed or quashed, or 

(w ) having been dismissed from Government 
service, such dismissal having been notified as 
debarring him from re-employment, or 

(in) being a pleader, whose sanad has been 
withdrawn by the High Court, 

(iv) having been removed from office under 
section 16, 

has not, by an order which the Governor in 
Council is hereby empowered to make, if he shall 
think fit, in this behalf, been relieved from dis- 
qualification arising on account of such sentence, 
or dismissal, or withdrawal of sanad or removal 
from office, or 

(6) who ia an uncertificated bankrupt or an 
undischarged insolvent, or 

(c) who is less than twenty-one years of age, 
or who is of the female sex, or 



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14 The Bombay District [bom, hi 

(Chap, II. — Constitution of Municipalities. 
Sec. 16.) 

(d) who is a Judge ; 
and no person 

(e) who is a subordinate officer or servant of a 
municipality, or 

(f) who, save as hereinafter provided, has 
directly or indirectly, by himself or his partner, 
any share or interest in any work done by order 
of a municipality, or in any contract or employ- 
ment with, or under, or by, or on behalf of, a 
municipality, 

may be a councillor of such municipality : 

provided that — 

a person shall not be deemed trf have incurred 
such disqualification or to have any share or 
interest in any such work or in any such contract 
or employment, by reason only of his — 

(i) having any share or interest in any lease, 
sale or purchase of any immoveable property or 
in any agreement for the same, 

(ft) having a share in any joint-stock com- 
pany which shall contract with, or be employed 
by, or on behalf of, the municipality, or 

(iii) having a share or interest in any news- 
paper in which any advertisement relating to 
the affairs of the municipality may be inserted, 
or 

(iv) holding a debenture or being otherwise 
interested in any loan raised by or on behalf of 
the municipality, or 

(0) being professionally engaged on behalf 
of the municipality as a legal practitioner, or 

(vi) having a share or interest in the occa- 
sional sale of any article in which he regularly 
trades, to the municipality to a value not ex- 
ceeding, in any one official year, five hundred 
rupees, or such higher amount not exceeding 



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of 1901] Municipal Act, 1901. 15 

(Chap. II. — Constitution of Municipalities. 
Sec. 15.) 

two thousand rupees as the municipality with 
the sanction of Government may fix in this 
behalf, or 

(mi) being a party to any agreement made 
with the municipality under the provisions of 
[ a ] section 71 [ a ] or of proviso (a) to sub-section 
(1) of section 156. 

(3) If any councillor during the term for Disabilities 

which he has been elected or appointed — *r° m conm 

1 * turning a 

(a) becomes disqualified under sub-section councillor. 
(1), or 

(6) acts as a councillor in any matter 

(*) in which he has directly or indirectly, 
by himself or his partner, any such share or 
interest as is described in clause (*), (ii) 9 
(iii) 9 (vi) or (vii) of the proviso to sub-section 
(4 or 

(ii) in which he is professionally interest- 
ed on behalf of a client, prinoipal or other 
person, or 

(c) departs beyond the limits of the presi- 
dency with the declared or known intention of 
absenting himself continuously for a period 
exceeding six months, or 

(d) by becoming a salaried servant of Gov- 
ernment, causes the number of nominated 
commissioners who are salaried servants of 
Government to exceed the proportion prescrib- 
ed in the proviso of sub-section (2) of section 
10, or 

(e) not being a president or vice-president or 
a salaried servant of Government, fails without 
leave from the municipality on that behalf to 

[*-•] " Section 71 " was substituted for " section 73 " by 
Bom. Ill of 1902, s. 2. 



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16 The Bombay District [bom. hi 

( Chap. II. — Constitution of Municipalities. 
Sees. 16-17.) 

attend [ a ] at least one [ a ] meeting of the muni- 
cipality for a period of four months, provided 
that there shall have been not less than three 
such meetings within such period, [ b ] or having 
obtained such leave fails within one fortnight 
of the expiration thereof either to return or to 
obtain an extension of leave, [ b ] 

he shall be disabled from continuing to be a coun- 
cillor, and his office shall become vacant. 

Govern- (3) If any question or dispute arises whether a 

ment and of vacancy has occurred under this section, the orders 
the Com- f th e Governor in Council in the case of City 
to decide Municipalities, and of the Commissioner in other 
whether cases, shall be final for the purpose of deciding such 
vacancy has question or dispute, 
occurred. 

to^emoval 16. The Governor in Council, if he thinks fit, 
from office, on the recommendation of the municipality, may 
remove any councillor elected or appointed under 
this Act, if such councillor has been guilty of mis- 
conduct in the discharge of his duties, or of any 
disgraceful conduct, or has become incapable of 
performing his duties as a councillor. 

office. ° 17* Councillors nominated or elected at a gene- 

ral election under this Act shall, save as provided 
in the next following section, or unless they become 
in the meantime disabled, or are removed from 
office under section 16, or section 179, hold office 
for a term of three years, extensible by order of 
the Commissioner to a term v not exceeding in the 
aggregate four years, if on any occasion the Com- 
missioner shall think fit, for reasons which shall be 
notified together with the order in the Bombay 
Government Gazette, so to extend the same. 

ra-aj These words were substituted for the word " any " by 
Bom. Ill of 1902, s. 2. 
p- b ] These words were added by Bom. Ill of 1902, a. 2. 



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OP 1901] Municipal Act, 1901. 17 

(Ohap. Il.-^Constitution of Municipalities. 
Sees. 18-22.) 

18. In the event of the death, resignation, dis- Casual 
qualification, disability or removal of a councillor y* ** 01 ? 8 

• j.j_i_ • & \.< *. * ai ±\ how to be 

previous to the expiry of his term of office, the fti\ Q & np# 
vacancy shall be filled up, as soon as it conveniently 
may be, by the election or appointment, as the case 
may be, of a person thereto, who shall hold office so 
long only as the councillor in whose place he is 
elected or appointed would have held it if the 
vacancy had not occurred. 

19* A person who has already been elected or Re-eligibi- 
appointed a councillor on one or more occasions tfty of conn- 
shall, if otherwise duly qualified, be eligible at any Olllors - 
time for re-election or re-appointment. 

20- The names of all councillors finally elected Publication 
to any municipality, as well as the names of the coundUora 
nominated councillors, if any, appointed thereto, i n the Bow- 
shall be published, as soon as conveniently may be, hay Gov- 
in the Bombay Government Gazette. emment 

" Gazette. 

(4) Municipal elections. 

21 . No person who is less than twenty-one years General 

of age shall be entitled to vote at any municipal disqualifica- 

22. (i) K the validity of any election of aDetermina- 
councillor is brought in question by any person tion of 
qualified either to be elected or to vote at the T* 1 *^? of 
election to which such question refers, such person electl011fl ' 
may, at any time within ten days after the date of 

the declaration of the result of the election, apply 
to the District Judge of the district within which 
the election has been or should have been held. 

(£) The District Judge or such other Judge as Powers of 
may be appointed by the Governor in Council on Judge 
this behalf may, after such inquiry as he deems ^ ldl . ag 
necessary, and subject to the provisions of sub- lnqmry * 
section (3), pass an order confirming or amending 
the deolared result of the election, or setting the 

B 1159—3 



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18 The Bombay District [bom. hi 

(Chap. IL^Constitutionqf Municipalities. See. 88.) 

election aside. For the purposes of the said inquiry 
the said Judge may summon and enforce the 
attendance of witnesses, and compel them to give 
evidence as if he were a Civil Court, and he may 
also direct by whom the whole or any part of the 
costs of any such inquiry shall be paid, and such 
costs shall be recoverable as if they had been 
awarded in a suit under the Code of Civil Procedure, nv of 
The decision or order shall be conclusive. If he 1882 * 
sets aside an election, a date shall forthwith be fixed 
and the necessary steps taken for holding a fresh 
one. 

Declaration (3) (a) The Judge, if satisfied that a candidate 

in case of b a8> within the meaning of sub-section (4), com- 

practlce by m i tfce( * an y corrupt practice for the purpose of the 

a candidate, election, shall declare the candidate disqualified 

both for the purpose of that election, and of such 

fresh election as may be held under sub-section (£), 

and shall set aside the election of such candidate if 

he has been elected. 

Scrutiny of (b) If in any case to which clause (a) does not 

votes and apply, the validity of an election is in dispute 

inotiber between two or more candidates, the Judge shall, 

cases. after a scrutiny and computation of the votes 

recorded in favour of each such candidate, declare 

the candidate who is found to have the greatest 

number of valid votes in his favour, to have been 

duly elected : 

provided that for the purpose of such computa- 
tion no vote shall be reckoned as valid if the Judge 
finds that any corrupt practice was committed by 
any person, known or unknown, in giving or 
obtaining it. 

What is a (4) A person shall be deemed to have committed 
corrupt a corrupt practice within the meaning of the last 
practice. pr © oe ding sub-section, 

(t) who with a view to inducing any voter to 
give or to refrain from giving a vote in favour of 



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of 1901] Municipal Act, 1901. 19 

(Chap. II.— Constitution of Mtmicipalities. Sec. 22.) 

any candidate, offers or gives any money or 
valuable consideration, or holds oat any promise 
of individual profit, or holds out any threat of 
injury, to any person, 
or, 

(#) who gives, procures, or abets the giving of 
a vote in the name |of a voter who is not the 
person giving such vote. 

And a corrupt practice shall be deemed to have Candidate 
been committed by a candidate, if it has ^ een ^to^ em " 
committed with his knowledge and consent, or by a comm it;ted 
person who is acting under the general or special corrupt 
authority of such candidate with reference to the practice. 
election. 

Explanation. — A " promise of individual profit " Promise of 
includes a promise for the benefit of the person mdmdnal 
himself, or of any one in whom he is interested. It pro 
does not include a promise to vote for or against 
any particular municipal measure. 

(5) If the validity of the election is brought in Mere ino* 
question only on the ground of an error by the gdapties 
officer or officers charged with carrying out the rules ^j^g ^ 
made under clause (c) of section 11, or of an irregu- not to 
larity or informality not corruptly caused, the Judge invalidate 
shall not set aside the election. election. 

(6) If the Judge sets aside an election under Disqualifi- 
clause (a) of sub-section (3), he may, if he thinks cation of 
fit* declare any person by whom any corrupt practice ^ cowupt 
has been committed within the meaning of this practice. 
section, to be disqualified from being a candidate in 

that or any other municipal district for a term of 
years not exceeding seven, and the Judge's decision 
shall be conclusive: provided, however, that such 
person may by an order which the Governor in 
Council is hereby empowered to make, if he shall 
think fit* in that behalf, be at any time relieved 
from such disqualification. 



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20 



The Bombay District [bom. iu 



President 
how ap- 
pointed or 
when to be 
elected. 



(Chap* II. — Constitution of Municipalities. 
Sec. 83.) 

(5) Presidents and vice-presidents. 

Selection of 23. (1) Every municipality shall be presided 
president, over by a president who shall be selected from 
among the councillors. 

(2) Every president shall be either — 
{a) appointed by the Governor in Council by 

name ; or 

(J) an ex officio president, that is to say, a 
person executing the functions of any office 
which the Governor in Council from time to time 
notifies in this behalf ; or 

(c) if the Governor in Council so directs, 
elected by the municipality. 

(3) There shall be a vice-president for every 
municipality elected by the councillors from among 
their number, but if the president is appointed by 
the Governor in Council or is president ex officio, 
the result of the election shall, if the Governor in 
Council by general or special order from time to 
time so directs, be subject to the approval of the 
Governor in Council, or of the Commissioner. 

Effect of CO When an office has been notified under clause 

notification (6) of sub-section (#), the person from time to time 
of ex officio executing the functions of that office shall be and 
president. s k a n con tinue to be president, unless and until such 

notification is altered or rescinded by the Governor 

in Council. 



Election 
of vice- 
president, 
subject in 
certain 
cases to 
confirma- 
tion. 



Conse- 
quences of 
absence of 
president 
or vice- 
president 
without 
leave. 



(5) Except in the case of a salaried servant of 
Government who is either an appointed or an 
ex officio president, every president, who for a period 
exceeding three months, and every vice-president 
who for a period exceeding fifteen days, shall absent, 
himself from the municipal district in such manner 
as to be unable to perform his duties as such 
president or vice-president, shallcease to be president 
or vice-president unless leaye so to absent himself 
has been granted— 



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op 1901] Municipal Act, 1901. 21 

{Chap. II. — Constitution of Municipalities. 
See. 23.) 

(a) by the Governor in Council in the case of a 
president appointed under clause (a) of sub- 
section (£), 

(J) by the municipality, in the case of an 
elected president or of a vice-president : 

provided that such leave to a vice-president 
shall be subject to the approval 

(i) of the Governor in Council, in the case 
of a vice-president elected subject to the 
approval of the Governor in Council, or 

(U) of the Commissioner, in the case of a 
vice-president elected subject to the approval 
of the Commissioner. 

(6) Leave under the last preceding sub-section Limit to 
shall not be granted for a period exceeding six grant of 
months, and whenever leave is granted to a vice- leave > and 
president under that sub-section a councillor shall ment^ 
be elected, subject to the conditions to which the pending 
election of the vice-president so absenting himself absence of 
was subject, to perform all the duties and exercise T^f presi " 
all the powers of a vice-president, during the period 

for which such leave is granted, 

(7) Every president and every vice-president Liability of 
shall be removable from his office as such president president 
or vice-president by the Governor in Council for md .V°°T 
misconduct, or neglect of or incapacity to perform ^MnTo^al 
his duty, and the term of office of every president, and term 
and of every vice-president, shall cease on the°f° ffice * 
expiry of his term of office as councillor. 

(8) In the event of the death, resignation or Vacancies 
removal from office of a president other than an in their 
ex officio president, or of a vice-president, or of his office Jow 
becoming incapable of acting in such office or having *° ** e 
ceased to be a councillor under sub-seotion (8) of 
section 15, previous to the expiry of his term of 

office as president or vice-president, the vacancy 
shall be filled up by the appointment or election, as 
the case may be, of some other councillor thereto. 



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22 



The Bombay District [bom. in 



Functions 
of presi- 
dents. 



President 
in what 
oases to 
have only 
a casting 
vote. 



{Chap. II.— Constitution of Municipalities. See. 84.) 

24. {1) It shall be the duty of the president of 
a municipality to 

(a) preside, unless prevented by reasonable 
cause, at all meetings of the municipality, and 
subject to the provisions of the rules for the 
time being in force under clause (a) of section 
46 to regulate the conduct of business at such 
meetings ; 

(J) watch over the financial and executive 
administration of the municipality, and, subject 
to the rules of the municipality at the time being 
in force! to perform such executive functions as 
may be performed by or on behalf of t the muni- 
cipality over which he presides ; 

(o) exercise supervision and control over the 
acts and proceedings of all officers and servants 
of the municipality in matters of executive 
administration and in matters concerning the 
accounts and records of the municipality; and, 
subject to the rules of the municipality at the time 
being in force, to dispose of all questions relating 
to the service of the said officers and servants, and 
their pay, privileges and allowances ; 

(d) furnish to the Collector, or to such other 
officer as the Collector shall from time to time 
nominate in this behalf, a copy of every re- 
solution passed at any meeting of the municipality 
and any extract from the minutes of the proceed- 
ings of the municipality or of any committee or 
other document or thing which the Collector from 
time to time calls for under section 173. 

(2) When the president of a municipality is a 
salaried servant of Government, and is either an 
ex officio president or has been appointed to be 
president by the Governor in Council, he shall not 
vote upon any questions which come before such 
municipality for decision unless there is an equality 
of votes of the other councillors present for and 



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£by( 



of 1901] Municipal Act, 1901. 23 

{Chap. II.— -Constitution of Municipalities. Sec. £5. 
Chap III. — Conduct of Business. Sec. 26.) 

against the proposition under consideration, in 
which case he shall have a casting vote. 

25- It shall be the duty of I the vice-president Functions 
of a municipality J*^ 

{a) in the absence of the president and unless 
prevented by reasonable cause, to preside at the 
meetings of the municipality and he shall when 
so presiding exercise the same authority as is 
vested in the president under[*] clause (a) of [ ft ] 
sub-section (1) of section 24 ; 

(6) to exercise such of the powers and perform 
such of the duties of the president as the president 
from time to time deputes to him ; and 

(c) pending the succession, appointment, or 
election of a president, or during the absence of a 
president on leave, to exercise the powers and 
perform the duties of the president. 



CHAPTER III.— Conduct op Business. 

(1) Municipal meetings. 

26. The following provisions shall be observed Provisions 

with respect to the meetings of a municipality : — in regard 

to meetings 
of a mnni- 
cipality. 

(1) Except in periodical municipalities and inordinary 
municipalities at hill-stations, there shall be heldg 6116 ^ 1 
four ordinary general meetings in each year for meetin ^ 8 - 
the disposal of general business, on or about the 
tenth day of the months of January, April, July 
and October, respectively, and such other ordinary 
general meetings as the president may find neces- 
sary. In municipalities at hill-stations there shall 
be held one ordinary general meeting on or about the 
tenth day of April, and not less than one other 



[*•] Theae words were inserted by Bom. IV of 1904, a. 1. 



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meetings. 



24 The Bombay District [bom. hi 

(Chap. III.— Conduct qf Business. Sec. 86.) 

ordinary general meeting for the purpose aforesaid, 
in each year. In every periodical municipality 
there shall be such and so many ordinary general 
meetings, as the president thereof shall from time 
to time determine. It shall be the duty of the 
president to fix the dates for all ordinary general 
meetings. 

Special (2) The president may, whenever he thinks fit, 

general and shall, upon the written request of not less than 
meetings. one .f our th of the councillors, call a special general 
meeting. 

Notioeto (3) Seven clear days' notice of an ordinary 
!f j£ ven of g enera l meeting, and three clear days' notice of a 
special general meeting, specifying the time and 
place at which such meeting is to be held and the 
business to be transacted thereat, shall be circulated 
to the councillors, and posted up at the municipal 
office or the local kacheri or some other public build- 
ing in the municipal district. The said notice shall 
include any motion or proposition which a coun- 
cillor shall have given written notice not less than 
ten days previous to the meeting of his intention to 
bring forward thereat, and, in the case of a special 
general meeting, any motion or proposition mention- 
ed in any written request made for such meeting. 

(4) Every meeting of a municipality shall, except 
for reasons to be specified in the notice convening 
the meeting, be held in the building used as a 
municipal office by such municipality. 

(6) Every meeting shall, in the absence of both 
the president and vice-president, be presided over by 
such one of the councillors present as may be chosen 
by the meeting to be chairman for the occasion, and 
such chairman shall exercise thereat the powers 
vested in the president by clause (a) of sub-sec- 
tion (1) of section 24. 



Municipal 
meetings 
to be held 
at munici- 
pal office. 

Every 

meeting 

how 



over in the 
absence of 
the presi- 
dent and 
the vice- 
president. 

Meeting ^ 
must ordi- 
narily be 



(6) Every meeting shall be open to the public 
unless the presiding authority deems any inquiry or 



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of 1901] Municipal Act, 190L 25 

(Chap. III. — Conduct of Business. Sec. 26.) 

deliberation pending before the municipality su<?b open to the 
as should be held in private, and provided that the public. 
said authority may at any time cause any person to 
be removed who interrupts the proceedings. 

(7) If in a City Municipality less than one-third, Number of 
and in any other municipality less than one-half, of councillors 
the whole number of councillors be present at a ^ q f ^f a 
meeting at any time from the beginning- to the end q UO rum. 
thereof, the presiding authority shall adjourn the 
meeting to such hour on the following or some other 

future day as he may resonably fix, and a notice 
of such adjournment shall be fixed up in the munici- 
pal office, and the business which would have been 
brought before the original meeting, had there been 
a quorum thereat, shall be brought before the ad- 
journed meeting and may be disposed of at such 
meeting or at any subsequent adjournment thereof 
whether there be a quorum present or not, 

(8) Except with the permission of the presiding What 
authority, which permission shall not \fe given in £** nesg *? 
the case of a motion or proposition to modify or ^ at nsac " 
cancel any resolution within three months after meetings 
the passing thereof, no business shall be transacted and order 
and no proposition shall be discussed at any general ? f b *?^ s 
meeting unless it has been mentioned in the notice s ^ e ^ 
convening such meeting, or, in the case of a special 
general meeting, in the written request for such 
meeting. The order in which any business that 

may be transacted or any proposition that may be 
discussed at any meeting in accordance with this 
sub-section, shall be brought forward at such meet- 
ing, shall be determined by the presiding authority, 
who in case it is proposed by any member to give 
priority to any particular item of such business, or 
to any particular proposition, shall put the proposal 
to the meeting and be guided by the majority of 
votes given for or against the proposal. 

(9) In every City Municipality there shall be Minutes of 
kept in English, and, if the municipality so resolve, proceedings 

B 1159— 4 'tobekept, 



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All ques- 
tions to be 
decided by 
a majority 
of votes. 



Adjourn- 
ments of 
meetings • 



Modifica- 
tion and 
cancellation 
of resolu- 
tions'. 



Notice of 
certain 
business to 



26 The Bombay District [bom. hi 

(Chap. IIL—Condtict of Business. Sec. 36.) 

in the vernacular language also, and in every other 
municipality there shall be kept in the vernacular 
language, and if the municipality so resolve in 
English, either in lieu of or in addition to the 
vernacular, minutes of the names of the councillors 
and of the Government officers, if any, present 
under the provisions of sub-section (14), and of 
the proceedings at each general meeting, in a book 
to be provided for this purpose, which shall be 
signed, as soon as practicable, by the presiding 
authority of such meeting, and shall at all reason- 
able times be open to inspection by any inhabitant 
of the municipal district. 

(10) All questions shall be decided by a majority 
of votes of tbe councillors present and voting, the 
presiding authority, save as provided in sub-section 
(2) of section 24, having a second or casting vote in 
all cases of equality of votes. Votes shall be taken 
and results recorded in such manner as may be 
prescribed by rules in that behalf for the time being 
in force under clause (a) of section 46. 

(11) Any general meeting may, with the consent 
of a majority of the councillors present, be adjourn- 
ed from time to time ; but no business shall be 
transacted at any adjourned meeting other than 
that left undisposed of at the meeting from which 
the adjournment took place. 

(IS) No resolution of a municipality shall be 
modified or cancelled within three months after 
the passing thereof, except by a resolution support- 
ed by not less than one-half of the whole number 
of councillors, and passed at a general meeting 
whereof notice shall have been given, fulfilling 
the requirements of sub-section (S) and setting forth 
fully. the resolution which it is proposed to modify 
or cancel at such meeting, and the motion or pro- 
position for the modification or cancellation of such 
resolution. 

(13) Except for reasons which the presiding 
authority deems emergent, no business relating to 



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J 



of 1901] Municipal Act, 1901. 27 

{Chap. III. — Conduct of Business. Sec. 26.) 

any work which is being executed for the munici- be given to 
pality by a Government Executive Engineer, or to ** Govern- 
any educational matter, shall be transacted at any j^J^^ 
meeting of a municipality unless, at least fifteen Engineer 
days previous to such meeting, a letter has been or Edn- 
addressed to the said Executive Engineer or to the national 
Educational Inspector of the district, informing him ^° r 
of the intention to transact such business thereat, 
and of the motions or propositions to be brought 
forward concerning such business. 

(14) (a) The members of the Sanitary Board, and Certain 
the Executive Engineer, Educational Inspector and Govern- 
Deputy Sanitary Commissioner of a district, and the in i nt 
Civil Surgeon in a district when charged with any a tt©^d "^ 
of the duties of a health officer therein, if not mem- meetings 
bers of a municipality within the district, shall of mnni- 
have the right of being present at any meeting cipftlitie8 * 
of such municipality, and, with the consent of the 
municipality, each of them may take part at such 
meeting in the discussion or consideration of any 
question, on which, in virtue of the duties of his 
office, he considers his opinion or the information 
which he can supply will be useful to such munici- 
pality : 

provided that the said officers shall not, unless 
they are members of the municipality, be entitled 
to vote upon any such question. 

(b) If it shall appear to a municipality that the Mnnicipali- 
presence of the Executive Engineer, Educational ties may 
Inspector, Deputy Sanitary Commissioner or Civil ^^e f 
Surgeon of or in the district, is desirable for the certain of 
purpose aforesaid at any future meeting of such the said 
municipality, it shall be competent to such muni- Sjf? 6 * 8 a1 L 
cipality, by letter addressed to such officer not less j^ m6e 
than fifteen days previous to the intended meeting, 
to require his presence thereat ; and the said officer, 
unless prevented by sickness, or other reasonable 
cause, shall be bound to attend such meeting : 

provided that such officer on receipt of such letter 
may, if unable to be present himself, instruct a 



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28 The Bombay District [bom. hi 

{Chap. III. — Conduct of Business. Sees. 27-28.} 

Deputy or Assistant or other competent subordinate 
as to his views, and may send him to the meeting as 
his representative, instead of appearing thereat in 
person, 

(2) Committees. 

Managing 27- (-0 In every municipality there shall be a 
committees, committee called the managing committee, consist- 
ing of such number of councillors not exceeding 
nine or less than four, as may have been elected for 
a period not exceeding one year, in accordance with 
rules under clause (a) of section 46 : 

provided that in any municipal district where 
there is a Chamber of Commerce, such Chamber 
shall, if the Governor in Council so directs, be 
entitled to elect one councillor to be a member of 
the managing committee. 

Powers of (#) The managing committee shall, subject 

mana 1ttee W t0 an y l* m i tat * ons prescribed by the muni- 

cipality specially in this behalf and generally by 
rules made under clause (a) of section 46, and 

(it) to the provisions of chapter XIII, 
exercise all the powers of the municipality : 

provided that no managing committee shall 
exercise — 

(a) any powers in connection with any school 
or educational institution in respect of which a 
committee is appointed under section 28, or 

(6) any powers with which any committee ap- 
pointed under section 29 is vested. 

School 28* The municipality may appoint, subject to 

committees, such limitations as are prescribed by the rules for 
the time being in force under section 46 and subject 
also to the proviso contained in [ ft ]section 58[ ft ], a 
committee consisting of such councillors as they 
think fit, for managing all or any primary or other 

[*-»] « Section 68 " was substituted for " section 59 " by Bom. 
Ill of 1902, s. 2. 



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op 1901] Municipal Act, lOOt 29 

(Chap. III. — Conduct of Business. Sees. 29-31.) 

schools vested in or maintained by the municipality, 
or for conducting the business of the municipality 
in respect of any educational institutions aided by 
the municipality. 

29. Subject to the limitations prescribed by the other exe- 
rules aforesaid, the municipality may appoint, for a cutive oom- 
period not exceeding one year, any such committee mittees. 

or such or so many committees consisting of such 
councillors as they think fit for any purpose or 
respectively for any of the purposes, other than 
those specified in section 28, for which a managing 
committee may, under section 27, exercise the 
powers of a municipality, and may invest each 
committee so appointed with such of the said powers 
as may be necessary or expedient for the fulfilment 
of the purpose for which it is appointed. 

30. The municipality may from time to time Consulta- 
appoint such or so many other committees consist- tiye com- 
ing of such councillors as they think fit, and may nuttees. 
refer to such committees for inquiry and report, 

or for opinion, such special subjects relating to the 
purposes of this Act as the municipality shall think 
fit, and may at any time discontinue, or alter the 
constitution of, any such committee. The munici- 
pality may direct that the report of any such com- 
mittee shall be made to the managing committee, 
instead of to the municipality. 

• 31* Notwithstanding anything contained in this-^ en 
Act, it shall be lawful for the municipality from persons 
time to time, by a resolution supported by not less other than 
than one-half of the whole number of councillors councillors 
to appoint, as members of any committee under o^^mT 
section 28, 29 or 30, any persons of either sex, mittees. 
who are not councillors, but who may in the opinion 
of such municipality possess special qualifications 
for serving for such committee : provided that the 
number of persons so appointed on any committee 
shall not exceed one*third of the total number of 
the members of such committee* 



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30 



the Bombay District 



[fcOM. 11 



Duties, etc., 
of suck 
persons. 



Casual 
vacancies- 
re-eligibi- 



lity. 



When 
chairman 
to be 
ex officio. 

When no 
ex officio 
chairman, 
municipa- 
lity may 
appoint 
chairman. 

When 

eaj-ojpoio or 

appointed 

chairman 

does not 

attend 

meeting, 

committee 

may appoint 

chairman of 

meeting. 

If there is 
no chair- 
man ex 
o$gio or ap- 
pointed by 
the muni- 
cipality, 
committee 
may ap- 
point 
chairman* 



{Chap. III.— Conduct of Bminess. Sees. 32-3 3.) 

All the provisions of this Act relating to the 
duties, powers, liabilities, disqualifications and dis- 
abilities of councillors shall, save as regards the 
disqualification on the ground of sex, be applicable 
so far as may be to such persons. 

32. A vacancy occurring in a managing com- 
mittee shall, as soon as possible, and a vacancy 
occurring in any other committee may be filled up 
by the election of a member from among the general 
body of councillors subject to the same provisions 
as those under which the member whose place is 
to be filled up, was elected. A councillor shall be 
eligible at any time for re-election as a member of 
any such committee notwithstanding that he has 
previously been a member of that committee. 

* 33- (1) The presideut or vice-president, if ap- 
pointed a member of any committee, shall be ex 
officio chairman thereof. 

(#) The municipality may appoint a chairman 

for every committee of which there is no ex officio 

chairman. 



(3) Every committee, b£ which there is an ex 
officio chairman or a chairman appointed by the 
municipality, shall, at each meeting which such 
chairman does not attend as chairman, appoint 
from its members a chairman for such meeting. 



(4) Every committee, of which there is no ex 
officio chairman or chairman appointed by the 
municipality, shall appoint from time to time its 
own chairman from among its own members. 



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of 1901] Municipal Act, 1901. 81 

(Chap. III.— ^Conduct of Business. Sees. 34-35.) 

34* (1) The provisions of sub-seotions (4), (9) 9 Procedure 
(10 J and (14) of section 26 shall be complied with in at meetings, 
all proceedings of committees as if meetings of com- 
mittees were included in all referenoes to meetings 
of a municipality contained in those provisions, and 
as if for the word " municipality," where it occurs in 
the proviso to clause (a) of sub-section (14) of section 
26, there were substituted the word " committee." 

(3) Committees may meet and adjourn as they Committee 
think proper, but the chairman of the committee ma y meet 
may, whenever he thinks fit, and shall, upon the^®£ they 
written request of the president of the municipality proper, 
or of not less than two members of a committee, 
call a special meeting of such committee* 

(3) No business shall be transacted at any com- Number of 
mittee meeting unless more than one-half of the 1 * 611 * 61 ^ 
members of the committee be present thereat. f 6 r ^ ired to 

quorum at 
committee 
meetings* 

35* (1) Notwithstanding anything contained in Procedure 
the preceding section the chairman of the commit- b y circular, 
tee, whenever it appears to him unnecessary to con- 
vene a meeting, may, instead of so doing, circulate 
a written proposition of his own, or of any other 
member of the committee, or of any executive officer 
of the municipality, for the observations and votes 
of the members of the committee. 

(S) Previous to circulating any such proposition Propoei- 
as aforesaid, the chairman may, if he thinks fit, tions when 
and, if the business to which it relates is of the nature to he wnt 
described in sub-section (13) of section 26, shall meSoffi?" 
obtain thereupon the remarks, if any, which any C ersfor " 
Government officer, not a councillor, whose presence remarks, 
the municipality would be entitled to require under 
the provisions of clause (b) of sub-section (14) of 
section 26, desires to record. 

(3) The decision on any proposition so circulated Decisions 
shall be in accordance with the majority of votes bow to be* 



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32 The Bombay District [bom. hi 

{Chap. IIL—Conduct of Business. Sees. 36*37.) 

taken on of the members of the committee who vote upon it, 

propositions un i ess a special meeting is convened to consider the 
circulated, . -, r ., . ° 

said proposition. 

and how to (^) Every decision arrived at by the committee 
be recorded, under this section shall be recorded in the minute- 
book kept uuder sub-section (#) of section 26. 

Procedure (5) Notwithstanding anything in this Act con" 

by circular tained the Governor in Council may by notification 

when authorize the adoption by any municipality speci- 

to other * ** e( * * n suo ^ notification not being a City Munici- 

municipal pality, of the procedure prescribed by this section, for 

business, the disposal of any business, whenever the president 

of such municipality may deem it unncessary to 

convene a general meeting for the purpose of such 

business. 

Subordi- 36* (1) Every committee shall conform to any 
nation of instructions that may from time to time be given to 
committees them by the municipality ; the municipality may, 

tionTof 110 " at an y t * me > oa ^ * or an y extracfc f rom an y proceedings 
munioi- °f an y committee, and for any return, statement 
pality and or account or report concerning or connected with 
compliance an y matter with which any committee has been 
Jltio^f 1 ' authorized or directed to deal, and every such 
munici- requisition shall, without unreasonable delay, be 
pality. complied with by the committee so called upon. 

Order (3) Every order passed by a managing committee 

subject to or by a committee appointed under section 28 or 

'udTiDeal ^' other than orders under sub-section (3) of sec- 

ppeai. t - oQ gg^ s k a u fo su bject to such revision; and open 

to such appeal, as may be required or allowed in 

respect thereof by any rules of the municipality for 

the time being in force under section 46. 

(3) Delegation of powers to individuals. 

Powers, 37- Any powers or duties or executive functions 

duties and which may be exercised or performed by or on 
functions behalf of the municipality may be delegated, in 



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op 1901] Municipal Act, 1901. 33 

(Ohap. III.— -Conduct of Business. Sec. 88.) 

accordance with rules to be made by the municipality may be 
in this behalf, to the president or to the vice-presi- JjjJJjJ 
dent, or to the chairman of the managing, school, w h oge 
or other committee, or to one or more stipendiary expenses 
or honorary officers, but without prejudice to any "^y be 
powers that may have been conferred on a chief P* 1 ^ 
officer in a City Municipality under chapter XIII 
or on any committee by or under section 27, 28 or 
29 ; and each person, who exercises any power or 
performs any duty or function so delegated, may 
be paid all expenses necessarily incurred by him 
therein. 

(4) Validity of proceedings. 

38. (/) No disqualification of, or defect in t^e^JJ^ "' 
election or appointment of, any person acting as^^^P 
councillor, or as the president or presiding authority polity and 
of* a general meeting or as chairman of a committee committees 
' appointed under this Act, shall be deemed to vitiate *°* J 1 **^ 
any act or proceeding of the municipality or of any qna u^ ca ^ 
such committee, as the case may be, in which such tions, etc., 
person has taken part, whenever the majority of of members 
persons, parties to such act or proceeding, were thereof, 
entitled to act. 

(2) Until the contrary is proved, every meeting Proceedings 
of the municipality, or of a committee appointed of l^ 6 ^? 8 
under this Act, in respect of the proceedings where- Jj°j yjjjtjd 
of a minute has been made and signed in accord- until the ' 
ance with this Act, shall be deemed to have been contrary is 
duly convened and held, and all the members of proved, 
the meeting shall be deemed to have been duly 
qualified ; and where the proceedings are the pro* 
ceedings of a committee, such committee shall be 
deemed to have been duly constituted and to have 

had the power to deal with the matters referred to 
in the minute. 

(3) During any vacanoy in a municipality or Vacancy 

committee the continuing councillors or members uo * < ^. affeofc 

, .» i j j momci- 

may act as if no vacancy had occurred, . palit/s 

prooeed- 
b 1159—5 in S* 



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34 



The Bombay District 



[bom. hi 



Joint com* 
mittees of. 
two or mora 
munici- 
palities or 
other local 
bodies* 



Agreement 
for joint 
levy of 
octroi. 



Compe- 
tency of 
municipali- 
ty to lease, 
sell and 
contract. 



(Chap. Ill— Conduct of Business. Sees. 39-40.) 

(5) Joint transactions with other bodies. 

39* A municipality may from time to time— 

(a) join with any other municipality or with any 
local board, cantonment authority, sanitary board, 
sanitary committee or committee appointed for an 
area notified under chapter XI V, or with more than 
one such municipality, board, authority or committee, 

(i) in appointing out of their respective bodies 
a joint committee for any purpose in which they 
are jointly interested, and in appointing a 
chairman of such committee; and 

(ii) in delegating to any such committee power 
to frame terms binding on each such body as to 
the construction and future maintenance of any 
joint work, and any power which might be 
exercised by either or any of such bodies ; and 

{Hi) in framing and modifying rules for re- 
gulating the proceedings of any such committee^ 
relating to the purpose for which the committee is 
appointed; and 

(6) enter, subject to the sanction of the Gover- 
nor in Council, into an agreement with a munici- 
pality, cantonment authority or committee ap- 
pointed for an area notified as aforesaid, regarding 
the levy of octroi duty, whereby the octroi duties 
respectively leviable by the bodies so contracting, 
may be levied together instead of separately within 
the limits of the area comprising the districts 
subject to the control of the said bodies. 

If any difference of opinion arises between local 
bodies acting under this section, the decision there- 
upon of the Governor in Council, or of such officer 
as he appoints in this behalf, shall be final 

(6) Contracts. 

40* (1) Every municipality shall be compe- 
tent, subject to the restriction[ a J contained in sub- 



r a ] "Restriction " was 
Bom. Ill of 1902, s, 2. 



substituted for " restrictions " by 



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I 



of 1901] Municipal Act, 1901. 35 

{Chap. HI. — Conduct of Business. Sec. 40.) 

section (£), to lease, sell or otherwise transfer any 
moveable or immoveable property whiob may, for 
the purposes of this Act, have become vested in or 
been acquired by them, and bo far as is not inconsist- 
ent with the provisions and purposes of this Act, to 
enter into and perform all such contracts as they 
may consider necessary or expedient in order to carry 
into effect the said provisions and purposes. 

(2) In the case of every lease of immoveable pro- Subject 
perty for a term exceeding seven years, and of every in <******* 
sale or other transfer of any such property, the^^ ion 
previous sanction of the Commissioner is required. f Oommis- 

/n\ t j_i_ sioner. 

(5) In the case Sanction 

(a) of a lease for a period exceeding one year, tionat* U " 
or of a sale or other transfer, or contract for the general 
purchase, of any immoveable property, meeting 

requisite 

(b) of every contract which will involve ex- to validity 
penditure not covered by a budget grant, of ^JVf 

(c) of every contract the performance of which 
cannot be completed within the official year 
current at the date of the contract, 

the sanction of the municipality by a resolution 
passed at a general meeting is required, 

(4) In the case of a contract for the purchase of Sanction of 
moveable property, or for the sale of any moveable 131 ?^", 
property belonging to a municipality, if the ex-^^ 011 
penditure which the purchase would involve, or the in other 
value of the property to be sold as estimated in the cases - 
municipal accounts, exceeds 

(a) in the case of a City Municipality, JRs. 500 

(b) in the case of any other municipality, 
Ks. 250, 

the sanction of the municipality is required. 

{5) In the case of every contract not otherwise Sanction 
provided for in the preceding sub-sections of this** 00111 " A 
section the sanction of the managing committee, or^^^^? 
of Buch other committee, or of such individual as empowered. 



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36 



The Bombay District 



[BOM* III 



Modoof 

executing 

contracts. 



Invalidity 
of contracts 
unless re- 
quirements 
of this 
flection are 
fulfilled. 



(Chap. 1 1 L— Conduct of Business. Sees. 41-42.) 

under the provisions of this Act or of the rules for 
the time being in force thereunder, is empowered 
on this behalf, is required. 

(6) Every contract entered into, by or on behalf 
of a municipality other than a contract to which 
sub-section (5) applies, shall be in writing, and shall 
be signed by the president or vice-president and 
two other councillors, and shall be sealed with the 
common seal of the municipality. Every contract 
to which sub-section (6) applies, shall be executed 
by the chairman of the managing committee, or by 
the chairman of such other committee, or by such 
other individual, as is empowered in that behalf, in 
such manner and form as, according to the law for 
the time being in force, would bind such chairman 
or individual if such contract were executed by him 
on his own behalf. 

(7) No contract shall be binding on a munici- 
pality in any case referred to in this section, unless 
all such requirements as are specified in sub-section 
(2)> (3), (4) or (5) in respect of such case are ful- 
filled, and unless it is executed in accordance with 
the provisions of sub-section (6) applicable thereto. 

(7) Compulsory acquisition of land. 



Recourse 41* When there is any hindrance to the perma- 
totbo nent or temporary acquisition, upon payment, of 
^ and . . . any land or building required for the purposes of 
Ao^issST *kis Act, the Governor in Council may, after ob- 
taining possession of the same for Government under 
the Land Acquisition Act, 1894, or other existing J^ 
law, vest such land or building in the municipality 
on their paying the compensation awarded, and on 
their repaying to Government all costs incurred by 
Government on acoount of the acquisition. 

(8) Inabilities of councillors, officers 
and servants. 

Councillors 42- Every councillor shall be personally liable for 
to be held the misapplication of any fund to which he shall 
respsoniUe have been a party, or which shall have happened 



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op 1901] Mmkipal Act, 1901 37 

(Chap. IIL—Cowtuot of Bwvness. Sees. 43*44.) 

through, or been facilitated by, gross neglect of his f °r mj*- 
duty as a councillor, and may be sued for recovery JJ^Jk 
of the moneys so misapplied as if such moneys 
had been the property of Government : 

provided that no, councillor shall be personally Municipal 
liable in respect of any contract or agreement made, *■»£» orfi- 
or for any expense incurred, by, or on behalf of, jjjj^fi ^^ 
the municipality ; the funds at the disposal of each an( j ex _ 
municipality shall be liable for, and be charged penses in- 
witb, all costs in respect of any such contract or curred. 
agreement and all such expenses. 

43» (1) Any person who has, directly or in- Officer or 
directly, by himself or his partner, any share or senranfc °.* 
interest in any contract with, by or on behalf of a c^lHy^ot 
municipality, or in any employment with, under, to be inter* 
by or on behalf of a municipality, other than as ea ted in 
a municipal officer or servant, shall be disqualified f^f 011 -^ 
for being an officer or servant of such municipality, ^^ mun j. 

cipality. 

(2) Any municipal officer or servant who shall Effect of 
acquire, directly or indirectly, by himself or his acquiring 
partner, any share or interest in any such contract w ^ 1 inter ~ 
or employment as aforesaid, shall cease to be a e 
municipal officer or servant, and his office shall 
become vacant. 

(3) Nothing in this section shall apply to any Saving 
such share or interest in any contract or employ- °l anse# 
ment with, under, by or on behalf of a municipality 

as under clauses (ii) and (iv) of the proviso to sub- 
section (1) of section 15, it is permissible for a 
person to have without his being thereby disqualifi- 
ed for being a councillor, 

44* («) Any councillor, who knowingly acquires, Penalty 
directly or indirectly, any share or interest in any fo JJ ooun " 
contract or employment with, under, by or on be- ™ r JSwST 
half of a municipality of which he is a member, not of a mnni- 
being a share or interest such as, under section 15, duality 
it is permissible for a person to have, without being ^JjL_i 
thereby disqualified for being a councillor, and £ JJ^con- 

tsaet, etc, 



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38 The Bombay District [bom. hi 

{Chap. III. — Conduct of Business. Sec. 46.) 

with tbat (ft) any municipal officer or servant who know- 
miinici- ingly acquires, directly or indirectly, any share or 
pa ^ lty# interest in any contract, or except in so far as 
concerns his own employment as municipal officer 
or servant, in any employment, with, under, by or 
on behalf of a Municipality of which he is an officer 
or servant, not being a share or interest such as 
under clauses (it) and (iv) of the proviso to sub* 
section (1) of section 15, it is permissible for a 
person to have without being thereby disqualified 
for being a councillor, 

shall be liable, on conviction before a criminal 
Court, to a fine which may extend to five hundred 
rupees. 

Penalties 46. (a) Every person holding the post of coun- 
impoeedby cillor or of an officer or servant of a municipality, 
VeJ* and every person authorized by the municipality to 
Code. collect or recover on behalf of the municipality 

any tax, who 

(i) accepts or obtains, or agrees to accept, or 
attempts to obtain for himself or for any other 
person, any gratification whatever, other than 
legal remuneration, as a reward for doing, or for- 
bearing to do, any official act, or for showing, or 
forbearing to show, in the exercise of his official 
functions, favour or disfavour to any person, or 
for rendering, or attempting to render, any ser- 
vice or dis-service to any person, with the muni- 
capality or with any public servant, or with 
any municipal committee, officer or servant, as 
such, or with Government, or 

(If) does any act for which, or omits to do any 
act for the omission of which, if he were a public 
servant within the meaning of the Indian Penal 
Code, he would be liable to punishment, or to*Lvof 
an enhanced punishment, under that Code ; and 1860# 

(ft) every person who 

(i) falsely pretends that he holds such post or 
is so authorized as aforesaid, and in such assumed 



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op 1901] Municipal Act, 1901. 39 

(Chap. IV. — Rules and By-Laws. Sec. 46.) 

character, does or attempts to do any act under 
colour of the character so assumed, or 

(ii) does any such act or is guilty of any such 
omission, to or in relation to, any person holding 
such post or authorized as aforesaid with such 
intention or knowledge or in such oircu instances 
as would, if the person holding such post or 
authorized as aforesaid were a public servant 
within the meaning of the Indian Penal Code, 
render the person so doing that act or so omitting 
as aforesaid, liable to punishment or enhanced 
punishment under that Code, 

shall, if no punishment is, in such behalf, provided 
elsewhere in this Act, be liable to the punishment 
to which for the like offence he would, if every 
person holding such post or authorized as aforesaid 
were a public servant within the meaning of the 
Indian renal Code, be liable under that Code. 



CHAPTER IV.— Roles and 
By-Laws. 

46. Every municipality shall, as soon as con* Mmiici- 
veniently may be after the constitution thereof, P a *j* ie3 10 
make and may from time to time alter or rescind ™* es e . 
rules, but not so as to renderthem inconsistent with 
this Act, 

(a) regulating the conduct of their business and regulating 
the delegation of any of their powers or duties J* 16 C0 *J" 
and, subject to the provisions of section 27, the business • 
appointment and constitution of committees ; 

(b) determining 

(t) the executive functions to be performed fixing the 
by the president, vice-president, the chairman f J^tions 
of any committee, and, subject to the provisions prudent 
of chapter XIII, in City Municipalities by and the 
the chief officer, and the delegation of any of establish- 
their powers or duties to such persons : raent; 



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40 



The Bombay District 



[bom. in 



for general 
guidance of 
mnnioipal 
servants ; 

fixing the 
amount of 
the security 
to be 
furnished ; 

determining 
mode of 
appointing, 
eto., muni- 
cipal ser- 
vants; 
delegating 
power to 
appoint 
etc.; 

granting 
leave to 
municipal 
servants ; 

fixing pen- 
sions, etc, ; 



(Cftap. IV. — Rules and By-Laws. Sec. 46.) 

(ii) the staff of officers and servants to be 
employed by the municipality and the respec- 
tive designations, duties, salaries, fees and 
absentee or other allowances of such officers 
and servants, and the powers and duties dele- 
gated to them under section 37 ; 

(c) generally for the guidance of their officers 
and servants in all matters relating to the munici- 
pal administration ; 

(d) fixing the amount and nature of the security 
to be furnished by any officer or servant from 
whom it may be deemed expedient to require 
security; 

(e) subject to the provisions of section 184, 
determining the mode and conditions of appoint- 
ing, punishing or dismissing any [ a ] officer or 
servant, and delegating to officers designated in 
the rules the power to appoint, fine, reduce, sus- 
pend or dismiss any [ a ] officer or servant. 



(/) regulating the grant of leave to officers 
or servants, and fixing the remuneration to be 
paid to the persons, if any, appointed to act for 
them whilst on leave ; 

(g) regulating the period of service of all offi- 
cers and servants, and determining the conditions 
under which such officers and servants, or any 
of them, shall receive pensions, gratuities or 
compassionate allowances on retirement, or on 
their becoming disabled through the execution of 
their duty, and the amount of such pensions, gra- 
tuities or compassionate allowances; and pre- 
scribing the conditions under which any gratuities 
or compassionate allowances may be paid to the 
surviving relatives of any such officers or servants 
whose death has been caused through the execu- 
tion of their duty ; 

[•] Word repealed by Bom. IV of 1904, s. 2, is omitted. 



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op 1901] , Municipal Act, 1901. 41 

(Chap. IV. — Bules and By-Laws. Sec. 46.) 

(h) authorizing the payment of contributions, contribat- 
at such rates and subject to such conditions as may ^f e ^. pro " 
be prescribed in such rules to any pension or f unds . 
provident fund which may be established by 
the municipality or with the approval of the 
municipality, by the said officers and servants ; 

(i) prescribing, subject to the provisions of prescribing 
chapter VII, the taxes to be levied in the muni-JJe^e^ 
cipal district for municipal purposes, the grounds \ Q ^ f or 
on which exemptions are to be recognized, the con- municipal 
ditions on which and the extent to which remis- purposes ; 
sions may be granted, and the system on which 
refunds are to be allowed and paid, in respect of 
such taxes, and the limits of the charges or pay- 
ments to be fixed in lieu of any tax under section 
71, and the fees to be charged for licenses or per- 
missions granted under section 70, and the times 
at which and the mode in which the same shall be 
levied or recovered or shall be payable, ,§nd pre- 
scribing the fees for notices demanding payments 
due on account of any tax, and for the execution 
of warrants of distress, and the rates to be charged 
for maintaining any livestock distrained, and 
designating the persons authorized to receive 
payment of any sums so leviable ; 

(J) prescribing the conditions subject to which for writing 
sums due on account of any tax or of costs in ° ff » m <>]"»ts 

. , i' •,, * due and 

recovering any tax may be written oft as irre- rem itting 

coverable, and the conditions subject to which fees. 

the whole or any part of any fee chargeable for 

distress may be remitted by the managing com- 

mittee : 

provided that — 

(a) No rule made, or alteration or rescission of Approval 
a rule made, under this section shall have effect required to 
unless and until it has been approved, in the case** 168, 
of City Municipalities, by the Governor in Council, 
or in other cases by the Commissioner. 

B 1169—6 



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42 



The Bombay District 



[bom. Ill 



Proviso as 
to officers 
transferred 
from or to 
the Bervice 
of Govern- 
ment. 



Notice re- 
quired in 
certain 
cases of dis- 
missal 



Power to 
suspend, re- 
duce or 
abolish any 
existing 
tax. 



Power to 
make by** 
laws; 



for markets 
and slaugh- 
ter-houses, 
etc., etc. ; 



(Chap* IV.— -Rules and By-Laws. Sees. 47-4S.) 

(b) If an officer serving or having served 
under a municipality has been or is transferred 
from or to the service of the Government, or is 
partly employed by the Government and partly 
by a municipality, the municipality shall con- 
tribute to his pension and leave allowances to the 
extent required by the rules in force for the time 
being, made by the Governor General in Council 
in this behalf. 

(c) The municipality shall not, unless with the 
assent of Government, dispense with the services 
of any such officer transferred from the service 
of Government to the service of the municipality 
or employed partly by Government and partly 
by the municipality, or finally dismiss from the 
service of the municipality any officer trans- 
ferred from the service of the municipality to the 
service of Government, without giving Govern- 
ment six months' previous notice. 

47* •Subject to the requirements of clause (a) 
of the proviso to section 46, every municipality may, 
except as otherwise provided in clause (6) of the 
proviso to section 74, at any time for any. sufficient 
reason, suspend, reduce or abolish any existing tax 
by suspending, altering or rescinding any rule pre- 
scribing such tax under the provisions of clause (t) 
and of the first clause of the proviso to section 46. 

48* (1) Every municipality may from time to 
time, with the previous sanction, in the case of City 
Municipalities, of the Governor in Council, or in 
other cases of the Commissioner, make, alter or 
rescind by-laws, but not so as to render them incon- 
sistent with this Act, 

(a) for the regulation and inspection of markets 
and slaughter-houses and all places used by or for 
animals which are for sale or hire, or the produce 
of which is sold, and for the proper and cleanly 
conduct of business therein ; and for fixing the 
rents and other charges to be levied, for the use of 
any of them which belong to the municipality ; 



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o* 1901J Municipal Act, 1901. 43 

(Chap. IV. — Rules and By-Laws. See 48.) 

(b) prescribing the conditions on or subject to for licens- 
whioh, and the circumstances in which, and the ^ , ™^ alat " 
areas or localities in respect of which, licenses Inspecting 
may be granted, refused, suspended or withdrawn certain 
for the use of any place not belonging to the businesses ; 
municipality, 

(i) as a slaughter-house, 

(ii) as a market or shop for the sale of ani- 
mals intended for human food, or of meat, or 
of fish, or as a market for the sale of fruit or 
vegetables, 

(tit) for any of the purposes mentioned in 
sub-section (I) of section 151, 

and providing for the inspection and regulation 
of the conduct of business in any place used as 
aforesaid, so as to secure cleanliness therein or to 
minimise any injurious, offensive or dangerous 
effect arising or likely to arise therefrom ; 

(c) prohibiting the stalling or herding of horses, regnlating 
camels, cattle, donkeys, sheep or goats, otherwise the stalling 
than in accordance with such regulations pre- °* cattIe » 
scribed in such by-laws in regard to the number e ' 
thereof, and the places to be used for the purpose, 

as may be necessary to prevent danger to the 
public health ; 

(d) (i) for the inspection of milch-cattle; and for regulat- 
prescribing and regulating the construction, di- ing dairies 
mensions, ventilation, lighting, cleansing, drainage *?!Y^ fcao " 
and water-supply of dairies and cattle-sheds in the ; 
occupation of persons following the trade of 
dairy-men or milk-sellers ; 

(ii) for securing the cleanliness of milk-stores, milk-stores, 
milk-shops and vessels used by milk-sellers or etc*; 
buttermen for milk or butter ; 

(e) for the inspection of weights and measures for inspec- 
under section 143 ; tion of 

[■](«) For defining the standard weights and^^ 3 
measures used within the municipal district[ ft ] ; 



[•-•] This clause was inserted by Bom. IV of 1904, s. 3. 



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44 



The Bottthay District 



[bom. in 



for registra- 
tion of 
births, 
etc. ; 



regulating 
the disposal 
of the dead ; 



for enforc- 
ing supply 
of informa- 
tion as 
to epide- 
mics; 

for enforc- 
inginfonna- 
tion as to 
liability to 
mnnicipal 
taxation ; 

octroi by- 
laws; 



for protect- 
ing water ; 



{Chap. IV. — Rules and By-Laws. Sec. 48.) 

( f) for tbe registration of births, deaths and 
marriages, and the taking of a census within the 
municipal district and for enforcing the supply 
of such information as may be necessary to make 
such registration or census effective ; 

(g) regulating the disposal of the dead and the 
maintenance of all places for the disposal of the 
dead in good order and in a safe sanitary condition, 
due regard being bad to the religious usages of 
the community or section of the community en- 
titled to the use of such places for the disposal of 
the dead ; 

(ft) for enforcing the supply of information as 
to any cases of dangerous disease, and carrying 
out the provisions of sections 144 and 145; 



^i) for enforcing the supply of such information 
by inhabitants of the municipal district as may 
be necessary to ascertain their respective liabilities 
to any tax imposed therein ; 

(J) fixing octroi limits and stations ; providing 
for the exhibition of tables of octroi; regulating, 
subject to any general or special orders which 
the Governor General in Council may make in 
this behalf, the system under which refunds are 
to be made on account thereof when the animals 
or goods on which the octroi has been paid, or 
articles manufactured wholly or in part from such 
animals or goods, are again exported, and the 
custody or storage of animals or; goods declared 
not to be intended for use or consumption within 
the municipal district ; and prescribing a period of 
limitation after which no claim for refund of octroi 
shall be entertained, and the minimum amount 
for which any claim to refund may be made ; 

(k) for conserving and preventing injury to 
sources and means of water-supply and appliances 
for the distribution of water whether within or 



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o* 1901] Municipal Act, 1901. 45 

{Chap. IV.— Rules and By-Laws. Sec. 48.) 

without the limits of the municipal district; and 
regulating all matters and things connected with 
the supply and use of water and the turning on 
or turning off and preventing the waste of water, 
and the construction, maintenance and control of 
municipal water- works and of pipes and fittings 
in connection therewith, whether the property of 
the municipality or not; 

(I) regulating the use of public bathing and regulating 
washing places within municipal limits ; Kths° etc • 

(m) regulating sanitation and conservancy and for oonser- 
the disposal of carcasses of dead animals ; vanc y > 

{n) regulating the conditions on which permis- regulating 
sion may be given for the temporary occupation structures 
of, or the erection of temporary structures on, ?** to&& m 
public streets or for projections over public streets mgs ' 
and regulating the structure and dimensions of 
plinths, walls, foundations, roofs and chimneys 
of new buildings, for the purpose of securing 
stability and the prevention of fires, and for 
purposes of health ; 

(o) for preventing the erection of buildings for provid- 
without adequate provision being made for the m % for 
laying out and location of streets ; street* ; 

{p) for ensuring the adequate ventilation of for ensuring 
buildings by the provision and maintenance of ventilation ; 
sufficient open space either internal or external 
and of doors and windows and other means for 
securing a free circulation of air ; 

(q) in a City Municipality, prescribing the roquiring 
qualifications of surveyors or persons by whom qualified 
plans required under section 96 are to be pre- i^j^S™ 
pared, or of plumbers ; for licensing persons to be MunicL 
surveyors or plumbers, and fixing the fees charge- palities ; 
able for such licenses; and for modifying the 
provisions of, or revoking such licenses ; and pro- 
hibiting any alterations or repairs or fittings to 
water or drainage-pipes or house-connections being 
carried out or made, except by such persons ; 



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46 



The Bombay District 



[bom. in 



control of 
drains ; 



requiring 
information 
and plans 
in certain 



for control- 
ling un- 
wieldy 
traffic, and 



regulating 
municipal 
adminis- 
tration. 

Fine may 
be imposed 
for infringe- 
ment of 
by-laws. 



(Chap. IV.— Rules and By-Laws. Sec. 48.) 

(r) regulating, in any other particular not 
specifically provided for in this Act, the con- 
struction, maintenance and control of drains, 
sewers, ventilation shafts, receptacles for dung and 
manure, cesspools, water-closets, privies, latrines, 
urinals, and drainage or sewerage works of every 
description, whether the property of the munici- 
pality or not ; 

(s) determining the information and plans to 
be required by the municipality under sections 
91 and 96; 

(t) prohibiting the transit of any vehicles of 
such form, construction, weight or size, or laden 
with such machinery or other unwieldy objects 
as may be deemed likely to cause injury to the 
roadway, or to any construction thereon, or risk 
or obstruction to other vehicles or to pedestrians 
along or over any street, except under such con- 
ditions as to time, mode of traction or locomotion, 
use of appliances for protection of the roadway, 
number of lights and assistants, and other general 
precautions as may be prescribed, either generally 
in such by-laws, or in special licenses to be 
granted in each case upon such terms as to time 
of application and payment of fees therefor as 
may be prescribed in such by-laws ; 

provided that no such by-law relating only to 
any particular street or portion of a street shall 
be deemed to be in force, unless and until notices 
of such prohibition shall have been posted up by 
the municipality in conspicuous places at or near 
both ends of such street or portion of a street ; 

(u) generally for the regulation of all matters 
relating to municipal administration. 

And every municipality may, with the like sanc- 
tion, prescribe a fine not exceeding five hundred 
rupees for the infringement of any such by-law. 



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op 1901] Municipal Act 1901. 47 

{Chap. IV. — Rules and By-Laws. Sec. 49. 
Chap. V. — Municipal Property and Fund. Sec. 60.) 

(2) Every municipality shall, before making any publication 
by-law under this section, publish in such manner of draas 
as shall in their opinion be sufficient, for the in- of proposed 
formation of the persons likely to be affected by-law8 * 
thereby, a draft of the proposed by-law, together with 

a notice specifying a date on or after which the 
draft will be taken into consideration, and shall, be- 
fore making the by-law, receive and consider any 
objection or suggestion with respect to the draft 
which may be made in writing by any person 
before the date so specified. 

(3) When any by-law made by a municipality is Objections 
submitted to the Governor in Council or Commis- and sag. 
sioner for sanction, a copy of the notice published gestionsto 
as aforesaid and of every objection or suggestion J^jJ^y. 
so made, shall be submitted for the information of ernment. 
the Governor in Council or Commissioner along 

with the said by-law. 

49. The rules and by-laws for the time being in Rule3 and 
force shall be kept open for public inspection at the by-laws to 
municipal office at all reasonable times, and printed h© printed 
copies thereof and of this Act in the vernacular and "^ 
language of the district, and in City Municipalities 
in English as well as in the vernacular, shall be 
kept on sale at cost price. 

CHAPTER V.— Municipal Propjsbty 
and Fund. 

50- (1) Every municipality may acquire and Power to 
hold property both moveable and immoveable, acquire and 
whether within or without the limits of the munici- told P 10 * 
pal district. ***• 

(2) All property of the nature hereinafter in Property 
this section specified, and not being specially re- vested in 
served by the Governor in Council, shall be vested ^ e J? 11111 " 
in and belong to the municipality, and shall, to- cipa l y# 
gether with all other property, of what nature or 
kind soever, not being specially reserved by the 
Governor in Council, which may become vested in 



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48 The Bombay District [bom. hi 

(Chap. V.— Municipal Property and Fund* 
Sec. 51.) 

the municipality, be under their direction, manage- 
ment and control, and shall be held and applied by 
them as trustees, subject to the provisions and for 
the purposes of this Act ; that is to say — 

{a) All public town-walls, gates, markets, 
slaughter-houses, manure and night-soil dep6ts, 
and public buildings of every description. 

(6) All public streams, tanks, reservoirs, cis- 
terns, wells, springs, aqueducts, conduits, tunnels, 
pipes, pumps and other water-works, and all 
bridges, buildings, engines, works, materials and 
things connected therewith or appertaining 
thereto, and also any adjacent land (not being 
private property) appertaining to any public tank 
or well. 

(c) All public sewers and drains, and all 
sewers, drains, tunnels, culverts, gutters and 
watercourses in, alongside or under any street, 
and all works, materials and things appertaining 
thereto, as also all dust, dirt, dung, ashes, refuse, 
animal matter, or filth, or rubbish of any kind 
collected by the municipality from the streets, 
houses, privies, sewers, cesspools or elsewhere. 

{d) All public lamps, lamp-posts, and ap- 
paratus connected therewith, or appertaining 
thereto. 

(e) All lands transferred to them by the Secre- 
tary of State for India in Council, or by gift or 
otherwise, for local public purposes. 

(/) All public streets, and the pavements, 
stones and other materials thereof, and also all 
trees, erections, materials, implements and things 
provided for such streets. 

Municipal 51. All moneys received by or on behalf of the 
Fond. municipality by virtue of this or any other Act ; all 
taxes, tolls and other imposts, fines, fees, penalties 
paid to or levied by them under this Act ; all pro- 
ceeds of land or other property sold by the muni- 
cipality, and all rents accruing from their land or 



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$Ie x 



of 1901] Municipal Act, 1901. 49 

(Chap. K— Municipal Property and Fund. 
Sec. 53.) 

property; as also all interest, profits and other 
moneys accruing by gifts or transfers from the 
Secretary of State for India in Council or private 
individuals or otherwise, shall constitute the muni- 
cipal fund, and shall be held and dealt with in a 
similar manner to the property mentioned in the 
last preceding section : 

provided that — 

(a) nothing in this section, or in the last pre- Provision 
ceding section, shall in any way affect any obliga- as to special 
tions accepted by or imposed upon any municipal- trasfcs * 
i^y by any declarations of trust executed by or on 
behalf of such municipality, or by any scheme 
settled under the Charitable Endowments Act, 
vi of 1890. 1890, for the administration of any trust : 

(&) a municipality may, subject to the condi- When ape- 
tion that reasonable provision shall be made for the oial *"| -ta 
performance of all obligations imposed or that^^ 
may be imposed on them by section 54, 55 or 
by or under section 61, or 72, or chapter XII, 
credit to a separate heading in the municipal ac- 
counts any portion of the municipal fund received 
by them specially for, or devoted by them to, the 
purposes of schools or dispensaries or of water- 
works or fire-brigades, or other such purposes as 
the Commissioner in this behalf approves, and, 
provided that there shall be credited to such 
special heading such sums only as expressly relate 
to the object for which the fund designated by such 
heading was created, the municipality may apply 
the sums so credited exclusively to the respective 
objects to which they are so credited. 

52. All property vested in the municipality Municipal 
under this Act, and all funds received by them in property 
accordance with the provisions of this Act, and all ® nd f ™^ 
sums accruing to them under the provisions of any a p^i©a. 
law for the time being in force, shall be applied, 
subject to the provisions and for the purposes of 
this Act, within the limits of the municipal district : 

* 1160— 7 



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60 The Bombay District [bom. in 

(Chap, V. — Municipal Property and Fund. 
Sec, G>2.) 

provided always that it shall be lawful for the 
municipality, with the sanction of the Governor in 
Council or any officer duly authorized by him in 
this behalf, — 

(a) to incur expenditure beyond the said 
limits, — 

(i) in the acquisition of land, or 

(ti) in the construction, maintenance or repair 
of works, 

for' the purpose of obtaining a supply of water 
required for the inhabitants of the municipal 
district, or of establishing slaughter-houses or 
places for the disposal of night-soil or sewage or 
carcasses of animals beyond the said limits, or for 
drainage-works, or for any other purpose calcu- 
lated to promote the health, safety or convenience 
of the inhabitants of the said district ; or 

(fi) to make a contribution towards expenditure 
incurred by any other municipality, or in any area 
subject to the authority of a local board or canton- 
ment authority, or sanitary board or committee, 
or of a committee appointed under section 188 for 
an area notified under section 187, or incurred 
out of any public funds for measures affecting the 
health, instruction or convenience of the public 
and calculated to benefit the residents within the 
limits of the contributing municipality ; or 

(c) to create scholarships tenable outside the 
limits of the municipal district : ' 
provided further, that nothing in this section, or in 
any other provision of this Act, shall be deemed to 
make it unlawful for a municipality, when with such 
sanction as aforesaid they have constructed works 
beyond the limits of the said district for the supply 
of water or for drainage as aforesaid, 

(a) to supply or extend to, or for the benefit of, 
any person or buildings or lands in any place[ a ], 
whether such place is or is not within the limits 
[«] Words repealed by Bom* III of 1908, s. 1, are onjitted. 



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op 1901] Municipal Act, 1901. 61 

(Chap. V. — Municipal Property and Fund. 

Sec. 53. Chap VI. — Obligatory and Discretional 

Functions cf Municipalities. Sec. 54.) 

of the said district, any quantity of water not 
required for the purposes of this Act within the 
said district, or the advantages afforded by the 
system of such drainage- works, on such terms and 
conditions, with regard to payment and to the 
continuance of such supply or advantages, as shall 
be settled by agreement between the municipality 
and such person or the occupier or owner of such 
buildings or lands, or 

(b) to incur any expenditure, on such terms 
with regard to payment as may be settled as afore- 
said, for the construction, maintenance, repair or 
alteration of any connection pipes, or other works 
necessary for the purpose of such supply or for 
the extension of such advantages. 

53« (1) I* stall be lawful for the municipality Power to 
to deposit at interest with the Bank of Bombay, or deposit and 
such other bank as may hereafter be appointed to SJJffJ^ 
conduct the business of His Majesty's treasury at 
Bombay, or with the sanction of the Governor in 
Council in any bank in the Presidency of Bombay, 
any surplus funds in their hands which may not be 
required for current charges, and to invest such 
funds in public securities in the name of the muni- 
cipality, and from time to time to dispose of such 
securities as may be necessary. 

(2) All surplus funds over and above what may Snrplus not 
be required for current expenses shall, unless depo- *° deposited 
sited or invested as provided for in sub-section (1) j£ "tobe* 
be deposited in the local Government treasury or dealt with, 
such other place of security as may be sanctioned 
in the rules of the said municipality. 



CHAPTER VI. 

Obligatory and Discretional Functions 
op Municipalities. 

54. It shall be the duty of every municipality Duties of 

to make reasonable provision, municipa- 

lities* 



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52 The Bombay District [bom. hi 

(Ohap. VI. — Obligatory and Discretional Func- 
tions of Municipalities. Sec. 54.) 

(1) for the following matters within the muni- 
cipal district under their authority, namely : 

(a) lighting public streets, places and build- 
ings ; 

(b) watering public streets and places ; 

(c) cleansing public streets, places and sewers, 
and all spaces not being private property, which 
are open to the enjoyment of the public, 
whether such spaces are vested in the munici- 
pality or not ; removing noxious vegetation ; 
and abating all public nuisances ; 

(d) extinguishing fires, and protecting life 
and property when fires occur ; 

(e) regulating or abating offensive or dan- 
gerous trades or practices ; 

(/ ) removing obstructions and projections in 
public streets or places, and in spaces not being 
private property, which are open to the enjoy- 
ment of the public, whether such spaces are 
vested in the municipality or belong to His 
Majesty ; 

(g) securing or removing dangerous buildings 
or places, and reclaiming unhealthy localities ; 

(h) acquiring and maintaining, changing and 
regulating places for the disposal of the dead ; 

(♦) constructing, altering and maintaining 
public streets, culverts, municipal boundary- 
marks, markets, slaughter-houses, latrines, 
privies, urinals, drains, sewers, drainage-works, 
sewerage works, baths, washing places, drink- 
ing fountains, tanks, wells, dams and the like ; 

(j) obtaining a supply or an additional sup- 
ply of water, proper and sufficient for prevent- 
ing danger to the health of the inhabitants 
from the insufficiency or unwholesomeness 
of the existing supply, when such supply or 
additional supply can be obtained at a reason- 
able cost ; 



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op 1901] Municipal Act, 1901. 53 

(Chap. VL — Obligatory and Discretional Func- 
tions of Municipalities. Sec. 65.) 

(k) naming streets and numbering houses ; 

(I) registering births and deaths ; 

(n£) public vaccination ; 

(n) suitable accommodation for any calves, 
cows or buffaloes required within the municipal 
district for the supply of animal lymph ; 

(p) establishing and maintaining public hos- 
pitals and dispensaries, and providing public 
medical relief ; 

(p) establishing and maintaining primary 
schools ; 

(q) printing such annual reports on the 
municipal administration of the district as the 
Governor in Council by general or special orders 
requires the municipality to submit ; 

(r) paying the salary and the contingent 
expenditure on account of such police or guards 
as may be required by the municipality for 
the purposes of this Act or for the protection 
of any municipal property and providing such 
accommodation as maybe required by Govern- 
ment under section 77 of the Bombay District 
Bom. iv of Police Act, 1890, 

1890* 

and subject to such reasonable provision as afore- 
said, 

(2) for the following special matters, namely : 

(a) providing special medical aid and accom- 
modation for the sick in time of dangerous 
disease ; and taking such measures as may be 
required to prevent the outbreak of, or to sup- 
press and prevent the recurrence of the disease ; 

(6) giving relief and establishing and main- 
taining relief works in time of famine or scar- 
city to or for destitute persons within the limits 
of the municipal district. 

55* Every municipality shall also, out of the provision 
municipal property and fund, make payments at for lunatics 

and lepers* 



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&4 



The Bombay District [Bom. m 



Discretion- 
ary powers 
of expend- 
iture of 
municipa- 
lities. 



(Chap. VI. — Obligatory and Discretional Func- 
tions of Municipalities. Sec 56.) 

such rates as the Governor in Council from time to 
time by general or special orders prescribes, for the 
maintenance and treatment either in the ■ municipal 
district or at any asylum, hospital or house, whether 
within or without such district, which the Governor 
in Council declares by notification to be suitable for 
such purpose, 

(a) of lunatics, not being persons for whose 
confinement an order under chapter XXXIV of 
the Code of Criminal Procedure, 1898, is in force, v of isos. 
and 

(J) of lepers, 
habitually resident within, or under any enactment 
for the time being in force removed from, such dis- 
trict : 

provided that in any case in which under any law 
for the time being in force the charges of the lodg- 
ing, maintenance, clothing, medicine and care of any 
such lunatic or leper are recoverable, or have been 
recovered, from any estate applicable to his mainten- 
ance or from any person legally bound to maintain 
him, the municipality may apply to any Magistrate 
empowered under such law to take action for the 
recovery of such charges, and such Magistrate shall 
thereupon take such action, if he has not already 
taken it, and shall, out of any sums recovered under 
such law, cause to be paid to the credit of the muni- 
cipality the amount of any payments made by the 
municipality in respect of that person under this 
section. 

56- Municipalities may, at their discretion, pro- 
vide out of the said property and fund, either wholly 
or partly, for 

(a) laying out, whether in areas previously built 
upon or not, new public streets, ana acquiring the 
land for that purpose, including the land requisite 
for the construction of buildings or curtilages there- 
of, to abut on such streets ; 



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op 1901] Municipal Act, 1901. 55 

{Chap. VI. — Obligatory and Discretional Func* 
tions of Municipalities. Sec. 66.) 

(J) constructing, establishing or maintaining 
public parks, gardens, libraries, museums, lunatic 
asylums, halls, offices, dbarmshalas, rest-houses and 
other public buildings ; 

(c) furthering educational objects pther than those 
set forth in sub-clause (p) of section [*] 54; 

(d) planting and maintaining roadside and other 
trees; 

(e) taking a census, and granting rewards for 
information which may tend to secure the correct 
registration of vital statistics ; 

(/) making a survey ; 

(g) the salaries and allowances, rent and other 
charges incidental to the maintenance of the Court 
of any stipendiary or Honorary Magistrate, or any 
portion of any such charges ; 

(h) arrangements for the destruction or the deten- 
tion and preservation of such dogs within the 
municipal district as may be dealt with under sec- 
Bom, iv of tion 49 of the Bombay District Police Act, 1890 ; 

3 890« • 

{i) securing or assisting to secure suitable places 
for the carrying on of the offensive trades mentioned 
in sub-section (1) of section 151 ; 

(j) supplying, constructing and maintaining, in 
accordance with a general system approved by the 
sanitary board, receptacles, fittings, pipes and other 
appliances whatsoever, on or for the use of private 
premises, for receiving and conducting the sewage 
thereof into sewers under the control of the muni- 
cipality ; 

(k) establishing and maintaining a farm or factory 
for the disposal of sewage ; 

(I) any other measure not specified in section 54, 
likely to promote the public safety, health, conve- 
nience or education ; and 

[»] " Seotion " was substituted for " clause " hy Bom. Ill of 
1902, s. 2. 



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56 



The Bombay District [bom. hi 



Arrange- 
ments pur- 
porting to 
bo binding 
perma- 
nently or 
for a term 
of years. 



Manage- 
ment of 
publio insti- 
tutions 
maintained 
by munici- 
palities to 
vest in 
them. 



(Chap. VI. — Obligatory and Discretional Func- 
tions of Municipalities. Sees. 57—58. 
Chap. VII.— Municipal Taxation. Sec. 59.) 

(m) with the previous concurrence, in the case of 
City Municipalities, of the Commissioner, or in other 
cases of the Collector, any public reception, ceremony, 
entertainment or exhibition within the municipal 
district. 

57- When a municipality have entered into any 
arrangement, or made any promise, purporting to 
bind themselves or their successors, for a term of 
years or for an unlimited period, to continue to any 
educational or charitable institution a yearly con- 
tribution from the municipal property or fund, it 
shall be lawful for the municipality or their succes- 
sors, with the sanction in the case of a City Muni- 
cipality, of the Governor in Council, and in the case 
of any other municipality of the Commissioner, to 
cancel such arrangement or promise, or to discontinue 
or to diminish such yearly contribution, provided 
that they shall have given at least twelve months' 
notice of their intention so to do to the manager or 
managers of such institution. 

58* The ^management, control and administra- 
tion of every public institution exclusively main- 
tained out of municipal property and funds shall 
vest in the municipality by which it is maintained : 

provided that the extent of the independent 
authority of any municipality in respect of public 
education, and their relations with the Government 
Educational Department shall from time to time be 
prescribed by the Governor in Council, 



CHAPTER VII.— Municipal 

Taxation. 

(1) Imposition of taxes. 

T 59* Subject to any general or special orders 

which may which the Governor General in Council may make 
be imposed, in this behalf, any municipality 



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of 1901] Municipal Act, 1901. 57 

{Chap. VIL— Municipal Taxation. Sec 59.) 

(a) titter observing the preliminary procedure 
required by [ a ] section 60 [*], and 

(b) with the sanction of , the Governor in Coun- 
cil in the case of City Municipalities, and in other 
cases of the Commissioner! and subject to such 
modifications or conditions as under section 61 
the Governor in Council or the Commissioner, 
respectively, in according such sanction, deems fit, 

may impose, for the purposes of this Act, any of the 
following taxes : that is to say, 

(i) a rate on buildings or lands, or both, 
situate within the municipal district ; 

(ii) a tax on all or any vehicles, boats, or 
animals used for riding, draught or burden, 
kept for use within the said district ;• 

(m) a toll on vehicles, and animals used as 
aforesaid, entering the said district, but not 
liable to taxation under the clause last pre- 
ceding ; 

(it) an octroi on animals or goods, or both, 
brought within the octroi limits for consumption 
or use therein ; 

(v) a tax on dogs kept within the said dis- 
trict ; 

(ti) a .special sanitary cess upon private 
latrines, premises or compounds cleansed by 
municipal agency, after notice given as herein- 
after required ; 

(vii) a general sanitary cess for the con- 
struction or maintenance, or both construction 
and maintenance, of public latrines, and for the 
removal and disposal of refuse ; 

(viii) a water-rate or water-rates, for water 
supplied by the municipality, which may be 
imposed in the form of a rate assessed on build- 
ings and lands, or in any other form, including 

[»-*] " Section 60 " was substituted for " section 61 " by Bom, 
III0 f 19(J2, 8 . 2. 



■ 1159-8 



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58 The Bombay District [bom. hi 

(Chap. VIL— Municipal Taxation. See. 69.) 

that of charges for such supply, fixed in suoh 
mode or modes as shall be best adapted to the* 
varying circumstances of any class of case or of 
any individual case ; 

{ix) a lighting tax ; 

(a?) a tax on pilgrims resorting periodically 
to a shrine within the limits of the municipal 
district ; 

(xi) any other tax to the nature and object 
of which the approval of the Governor in 
Council shall have been obtained prior to the 
selection contemplated in sub-clause (*) of 
clause (a) of section 60 : 

provided that 

(a) no tax imposed as aforesaid, other than a 
special sanitary cess or a water-rate, shall, with* 
out the express consent of Government, be levi- 
able in respect of any building or part of any 
building, or of any vehicle, animal or other pro- 
perty, belonging to His Majesty and used solely 
for public purposes, and not used or intended to 
be used for purposes of profit, and no toll shall 
be leviable for the passage of troops or the con- 
veyance of Government stores or of any other 
Government property, or for the passage of 
Military or Police-officers on duty, or the passage 
or conveyance of any person or property intheir 
custody ; 

(b) no special sanitary cess shall be leviable 
in respect of any private latrines, premises or 
compounds unless and until the municipality have 

(*) made provision for the cleansing thereof 
by manual labour, or for conducting or receiving 
the sewage thereof into municipal sewers, and 

(#) issued either severally to the persons 
to be charged, or generally to the inhabitants 
of the district or part of the district to be 
charged, with such cess, one month's notice of 



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tax. 



of 1901] Municipal Act, 1901.: 59 

{Chap. VII.—Mmicipal Taxation. Sec* 60.) 

the intention of the municipality to perform 
such cleansing and to levy such cess ; 

(c) the municipality in lieu of imposing sepa- 
rately any two or more of the taxes described in 

clauses (*), (*#)> (*•#) an( * (♦#) [*] ma y impose a 
consolidated tax assessed as a rate on buildings or 
lands, or both, situate within the municipal district. 

60* Every municipality before imposing a tax Procedure 
shall observe the following preliminary procedure : of mtmi- 

(a) they shall, by resolution passed at a general ^Uminary 
meeting, to imposing 

(t) select for the purpose one or other of the 
taxes specified in section 59 ; 

(n) prepare rules for the purposes of clause 
(i) of section 46 prescribing the tax selected ; 

and shall by such resolution and in such rules 

specify, 

(Hi) the class or classes of persons or of 
property, or of both, which the municipality 
desire to make liable, and any exemptions which 
they desire to make ; 

(it?) the amount for which, or the rate at 
which, it is desired to make such classes liable ; 

(v) all other matters which the Governor 
in Council may so require to be specified. 

(b) "When such resolution has been passed, the 
municipality shall publish the form of rules so 
prepared with a notice in the form of Schedule A 
prefixed thereto. 

(c) Any inhabitant of the municipal district 
objecting to the imposition of the said tax, or to 
the amount or rate proposed, or to the class of 
persons or property to be made liable thereto, 
or to any exemptions proposed, may within one 
month from the publication of the said notice send 
his objection in writing to the municipality, and 
the municipality shall take all such objections 



[»] Words repealed by Bom. IV of 1904, * 4, are omitted. 



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60 The Bombay District | bom, in 

(Chap. VIL— Municipal Taxation, Sees. 61-62.) 

into consideration, or shall authorize a committee 
to consider the same and report thereon, and, 
unless they decide to abandon or to modify the 
proposed tax in accordance with such objections, 
shall submit the same with their opinion thereon, 
together with the notice and rules aforesaid, in the 
case of a City Municipality, to the Governor in 
Council, and in the case of any other munici- 
pality to the. Commissioner, 

Power to 61. The Governor in Council, or the Commis- 

8anction t sioner, as the case may be, may either refuse to 

h^ose on- 8anct * on *^ e ru^ 8 submitted, or may return them to 

<Utions. the municipality for further consideration, or if no 

objection, or no objection which is in his opinion 

sufficient, was made to the proposed tax within one 

month from the publication of the said notice, may 

sanction the said rules either — 

(a) without modification, or 

(b) subject 

(i) to such modifications not involving an 
increase of the amount to be imposed, or 

(ii) to such conditions as to the application 
within the municipal district to any purpose or 
purposes of this Act specified in such condi- 
tions, of the whole or any part of the proceeds 
of such tax, 

as he deems fit. 

Publication ®& All rules sanctioned under section 61 with 

of sane- *U modifications subject to which the sanction is 

tioned rales given, shall be published by the municipality in the 

with notice, district for which they are prescribed, together with 

a notice reciting the sanction and the date and serial 

number thereof, and the tax as prescribed by the 

rules so published shall, from a date which shall be 

specified in such notice and which shall not be less 

than one month from the publication of such notice, 

be imposed accordingly, and the proceeds thereof 

shall be applied by the municipality in accordance 

.. . with all conditions, if any, subject to which under 

section 61 the sanction was given : 



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op 1901] Municipal Acl % 1901. 61 

(Chap. VI L — Municipal Taxation. Sec. 63.) 

provided that 

(a) a tax leviable by the year 

(i) shall Dot come into force except on one of 
the following dates, viz., the first day of April 
— the first day of July — the first day of Octo- 
ber — the first day of January — in [ a ] any year 
[ a ]> and 

(tt) if it comes into force on any day other 
than the first of April, it shall be leviable by 
the quarter, till the first day of April then 
next ensuing; 

(6) on or before the day on which a notice is 
issued under this section, the municipality shall 
publish such further detailed rules as may be 
required, and as may have been approved by the 
Governor in Council or by the Commissioner, as 
the case may be, under the first clause of the pro- 
viso to section 46, prescribing the mode of levying 
and recovering the tax therein specified, and the 
dates on which it or the instalments, if any, 
thereof, shall be payable ; 

(c) if the levy of a tax, or of a special portion 
of a tax, has been sanctioned for a fixed period 
only, the levy shall cease at the conclusion of 
that period, except so far as regards unpaid arrears 
which may have become due during that period. 

(2) Assessment qf and liability to rates. 

63. (1) When a ratei on buildings or lands or Preparation 
both is imposed, the municipality shall cause an of an 
assessment-list of all buildings, or lands, or buildings as^ssment- 
and lands in the municipal district to be prepared, 
containing 

(a) the name of the street or division in which 
the property is situated ; 

(b) the designation of the property, either by 
name or by number, sufficient for identification ; 

[*-*] "Any year" was substituted for "the official year in 
which such notice is published " by Bom. Ill of 1902, s» 2. 



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62 The Bombay District [bom. hi 

{Chap. VIL— Municipal Taxation. Sees. 64*65.) 

(c) the names of the owner and occupier, if 
known ; 

(d) the annual letting value or other valuation 
on which the property is assessed ; and 

(e) the amount of the tax assessed thereon. 

Power to (5) For the purpose of making such assessment 
inspect on property as aforesaid, the municipality may from 
time to time appoint any person or persons, whether 
councillors or not, and whether remunerated or not ; 
and any person or persons so appointed may for such 
purpose make an inspection of any such property. 

Returns to (3) On the requisition of the municipality or of 
be furnish- such per son, the owner or occupier of any such 
ed - building or land shall, within such reasonable 

period as shall be specified in the requisition, be 
bound to furnish a true return to the best of his 
knowledge or belief and subscribed with his 
signature — 

(a) as to the name and place of abode of the 
owner or occupier or of both ; 

(6) as to the dimensions of such building or 
land and the annual letting value or other valua* 
tion thereof. 

Publication 64. When the assessment-list has been completed 

of notice the municipality shall give public notice thereof, 

of asses*- and of the place where the list or a copy thereof may 

meat-list, ^e i nS pe C tecl: and every person claiming to be 

either owner or occupier of property included in the 

list, and any agent of such person, shall be at liberty 

to inspect the list and to make extracts therefrom 

without charge. 

Public 65. (1) The municipality shall at the time of 

notice the publication of such assessment-list give public 
of time notice of a time, not Jess than one month thereafter, 
TOVis'* * w ^ en they toM proceed to revise the valuation and 
aLessnient- assessment 1 and in all cases in which any property 
list. is for the first time assessed or the assessment is 

increased, they shall also give notice thereof to the 
owner or occupier of the property, if known. 



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of 1901] Municipal Act % 1901 63 

(Chap. VII. — Municipal Taxation. Sec. 66.) 

(3) All objections to the valuation and assessment Objections 
shall be made to the municipality before the time tow fco be 
fixed in the notice, by application in writing, Tnade * 
stating the grounds on which the valuation and 
assessment are disputed, and all applications so 

made shall be registered in a book to be kept by 
the municipality for the purpose, 

(3) The managing committee, or any committee Hearing of 
or committees to which the municipality delegate objections. 
the powers and functions of the managing committee 
in this behalf, or any officer of Government to whom, x 

with the permission of the Commissioner, the muni- 
cipality delegate, and they are hereby empowered so 
to delegate, the powers and functions of the, manag- 
ing committee in this behalf, shall, after allowing 
the applicant an opportunity of being heard in person 
or by agent, 

(a) investigate and dispose of the objections, 

(J) cause the result thereof to be noted in the 
book kept under sub-section (£), and 

(o) cause any amendment necessary in accord- 
ance with such result to be made in the assess- 
ment-list. 

(4) When all objections made under this section Authenti- 
have been disposed of, and all amendments required oation of 
by sub-section (3) have been made in tho assess- list ' 
ment-list, the said list shall be authenticated by the 
signatures of the chairman and at least one other 
member of the managing committee or, if the muni- 
cipality have delegated the powers and functions of 

the managing committee in this behalf to any other 
committee or to an officer of Government, by the 
signatures of not less than two members of such 
committee or of the officer aforesaid, and the person 
or persons so authenticating the list shall certify that 
no valid objection has been made to the valuation 
and assessment contained in the list except in the 
cases in which amendments have been made therein. 



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Custody 
and inspec- 
tion of list. 



Authenti- 
cated list 
how far 
conclusive. 



64 The Bombay District [bom. hi 

{Chap. VIL—Mmicipal Taxation. See. 66.) 

(5) The list so authenticated shall he deposited in 
the municipal office, and shall there be open for in- 
spection during office hours to all owners and occu- 
piers of property specified therein, or to the agents 
of such persons, and a notice that it is so open shall 
be forthwith published. 

{6) Subject- 
fa) to such alterations as may thereafter be 
made therein, under the provisions of the next 
following section, and 

(b) to the result of any appeal made under 
section 86, 

the entries in the list so authenticated and deposited 
shall be accepted as conclusive evidence, 

(♦) for the purposes of all municipal taxes, of 
the annual letting value or other valuation of all 
buildings and lands to which such entries respect- 
ively refer, and 

(ii) for the purposes of any tax imposed on 
buildings or lands, of the amount of each such tax 
leviable thereon throughout the official year to 
which such list relates. 

Amendment 66. (1) The municipality may at any time alter 
of assess- the said list by inserting the name of any person 
ment-list whose name ought to have been inserted," or by in- 
serting any property which ought to have been 
inserted, or b7 altering the valuation of or assess- 
ment on any property which has been erroneously 
valued or assessed through fraud, accident or mis- 
take, after giving notice to' any person interested in 
the alteration, of a time, not less than one month 
from the date of service of such notice, at which the 
alteration is to be made. 

Objections (2) Every objection made by any persons iu- 

how dealt terested in any such alteration, before the time 

Wlth * fixed in the notice, and in the manner provided by 

sub-section (£) of the last preceding section, shall be 



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of 1901] Municipal Aot, 1901. 65 

(Ohap. ril.— Municipal Taxation. Sect.. 67*68.) 

dealt with in all respects as if it were an application 
under the said section. 

(3) Every alteration made under this section shall,Effect of 
subject to the result of an appeal under section 80, amend- 
have the same effect as if it had been made on tho ment# 
earHest day in the current official year in which tho 
circumstances justifying the alteration existed. 

67. (1) It shall not be necessary to prepare aNewasBcss- 
new assessment-list every year. Subject to the ment-lisfc 
condition that every part of the assessment-list shall need n0 ^ te 
be completely revised not less than once in every emryear. 
four years, the municipality may adopt the valua- 
tion and assessment contained -in the list for any. 

year, with such alterations as may be deemed 
necessary, for thq year immediately following. 

(£) But the provisions of sections 64, 65 and 66 
shall be applicable every year as if a new assess* 
ment-list bad been completed at the [commencement 
of the official year. 

68. Every tax imposed in the form of a rate Tax from 
on buildings or lands or on both, shall be leviable whom 
primarily from the actual occupier of the property ;P™ n *"v 
upon which the said taxes are assessed, if he is the evi 
owner of the buildings or land or holds them on a 
building or other lease from the Secretary of Stale 

for India in Council or from the municipality, or on 
a building lease from any person. Otherwise the 
said tax shall be primarily leviable as follows, 
namely : 

(a) if the property is let, from the lessor ; 

(fi) if the property is sublet, from the superior 
lessor ; 

(c) if the property is unlet, from the person 
in whom the right to let the same vests : 

provided that on failure to recover any sum due Recovery 
on account of such tax from the person primarily fl ? m occu ~ 
liable, such portion of the sum may be recovered piers ' 
from the occupier of any part of the buildings or 

* U69r-9 



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66 The Bombay District [bom. in 

(Chap. V1L— Municipal Taxation. Sec. 69.) 

lands in respect of which it is due, as bears to the 
whole amount due the same ratio, which the rent 
annually payable by such occupier bears to the 
aggregate amount of rent so payable in respect of 
the whole of the said buildings or lands, or to the 
aggregate amount of the letting value thereof, if 
any, stated in the authenticated assessment-list, 
whichever of those two amounts is the greater : 

Remedy provided further, that for any sum paid by, or 

of occupier recovered from, any occupier who is not primarily 
^* c liable under this section, he shall be entitled to credit 

in account with the person primarily liable for the 

payment of that sum. 

Remission 69. (1) When any building or land whieh is 

of tax in assessed to a rate payable by the year, or in respect 

case of f w hj c h a special sanitary cess is payable by the 

]£^ oieB : year or by instalments, has remained vacant and 

obligatory ; unproductive of rent throughout the year, or 

throughout the period in respect of which any such 

instalment is payable, the municipality shall remit 

or refund not less than two- thirds of the amount of 

the rate, or of the cess or instalment of the cess, as 

the case may be : 

provided that no such remission shall be granted 
unless notice in writing of the fact of the building 
or land being vacant and unproductive of rent has 
been given to the municipality, and that no remission 
or refund shall take effect for any period previous 
to the day of the delivery of such notice. 

when dis- (£) When any such building or land as aforesaid 

(a) has been vacaut and unproductive of rent 
for any period of not less than sixty consecutive 
days, or 

(b) Consists of separate tenements one or more 
of which has or have been vacant and unproductive 
of rent for any such period as aforesaid, or 

(c) is wholly or in great part demolished or 
destroyed by 6re or otherwise deprived of value, 



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of 1901] Municipal Act, 1901. 67 

(Chap. VII.— Municipal Taxation. Sees. 70-71.) 

the municipality may remit or refund such portion, 
if any, of the rate or instalment as they may think 
equitable. 

(3) The burden of proving the facts entitling any Burden of 
person to claim relief under this section shall be ^mmL 
upon him. 

(4) For the purposes o£ this section a building or Explana- 
land shall be deemed to be productive of rent if let tor ^ claU8e# 
to a tenant who has a continuing right of occupation 
thereof, whether it is actually occupied by such 

tenant or not. 

(3) Power to charge fees. 

70* (1) When any license is granted by theMunici- 
municipality under this Act, or when permission is pality may 
given by them for making any temporary erection f^* 1 *!*^ 8 
or for putting up any projection, or for the tempo- ii^e n8e s. 
rary occupation of any public street or other land 
vested in the municipality, the municipality may 
charge a fee for such license or permission. 

(£) The municipality may also charge such fees Market and 
as may be fixed by by-laws under clause {a) of other fees, 
sub-section (1) of section 48 for the use of any such 
places mentioned in that sub-section, as belong to 
the municipality, 

(4) Special provisions relating to 
certain taxes. 

71- (1) The municipality may, instead of Fixed 
imposing a water-rate, or in individual cases, of charges and 
levying a rate imposed in respect of the supply of agreements 
water belonging to the municipality to, or for use ^ r j^^ ent 
in connection with, any private lands or buildings, taxes for 

(a) fix at rates not exceeding such as shall be jJJ^ed. 
specified in the rules in force under section 46, 
charges for such supply according to the quantity 
used, as ascertained by measurement, 

(6) arrange with any person, on his application, 
to supply on payment, periodical or otherwise, 



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63 The Bombay t)Mrict [bom in 

(Chap. VII. — Municipal Taxation. Sec. 71.) 

, water belonging to the municipality in such 
quantities or for such purposes, whether domestic, 
ornamental, or irrigational or for trade, manu- 
facture or otherwise, on such terms and subject to 
such conditions as they shall fix by agreement 
with such person : 
provided that — 

(a) the meters, connection-pipes and all other 
works necessary for and incidental to such sup- 
plies, and all future repairs, extensions and altera- 
tions of such works shall be under the control of 
the municipality, and the expense thereof shall, 
so far as is not inconsistent with the rules or by- 
laws of the municipality, be defrayed by the 
persons liable in respect of such supplies, and 

(&) all such supplies of water shall be, and shall 
be deemed to have been granted, subject to all 
such conditions as to the limit or stoppage thereof, 
and as to the prevention of waste or misuse, as 
are prescribed in the by-laws for the time being 
in force under section 48. 

Power to (^) When the municipality have made provision 
fix a special for the cleansing of any factory, hotel, club or group 
rate in Hen f buildings or lands used for any one purpose and 
of special un( } er one management, they may, instead of levying 

sanitary . . ,, & r • i •, • J j 

cess J m respect thereof any special sanitary cess imposed 
under this chapter, fix a special rate, and the dates 
and other conditions for periodical payments thereof, 
which shall be determined either, 

(i) in accordance with the rules for the time 
being in force under section 46 or 

(ti) by written agreement with the person who 
would have been otherwise liable for the cess, 
provided that, in fixing the amount, proper regard 
be had to the probable cost to the municipality 
of the service to be rendered. 

Power to (3) When the municipality have imposed a tax 
compound n vehicles or animals kept for use within the 

tax on 
vehicles or 
animals* 



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ov 1901] Municipal Jct $ l90t 69 

{Chap. V II.— Municipal Taxation. Sees. 7 2-7 8.) 

municipal district, they may compound with the 
keeper of any livery-stable or of horses or vehicles 
kept for sale and hire, for the payment of a lump 
sum, for any period not exceeding one year at a 
time, in lieu of any amount which such keeper 
would otherwise have been liable to pay on account 
of the tax imposed as aforesaid. 

(4) Every sum claimed by the municipality as Recovery 
due under sub-section (i) as a charge fixed by °* ? u ™? 
agreement or otherwise on account of water-supply, ^nller ^is 
or as expenses to be defryed such as are referred to section, 
in that sub- section, or as a special rate under sub- 
section (4?) or as a lump sum payable under sub- 
section (3) 9 shall for the purposes of chapter VIII 
be deemed to be, and shall be recoverable in the 
same manner as an amount claimed on account of 
any tax recoverable under the said chapter : 

provided that nothing in this section shall affect 
the right or powers of the municipality to contract 
with any person to supply for use beyond the limits 
of the municipal district, at such rates and on such 
conditions as the municipality may think fit, any 
quantity of water belonging to the municipality 
but not required for the purposes of this Act. 

72« If any tax imposed under this Act is a tax Taxes on 
on pilgrims resorting periodically to a shrine within pilgrims 
the limits of a municipal district, the Commissioner ma 7 b ® . 
may require the municipality of such district to^f^ m 
assign and pay to the district local board, or to the local 
taluka local board having authority in the t£luk& in hoards, 
which such municipal district is situate, or partly 
to the said district local board and partly to the said 
tdluka local board, such portion of the total collec- 
tions on account of such tax as he shall deem fit ; 
and the portion so assigned shall be expended by 
the said board or boards, within the areas respect- 
ively, under their authority, on works conducive to the 
health, convenience and safety of the said pilgrims. 

73. If it shall at any time appear to the Govern- p *er of 
or in Council, on complaint made or otherwise, that Govern- 
ment to 



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70 



The Bombay District f BOIL HI 



suspend 
levy of 
objection- 
able taxes. 



Power of 
Govern- 
ment to 
require 
munici- 
palities to 
impose 
taxes. 



(Chap. VII. — Municipal Taxation. Sec. 74») 

any tax, leviable by a municipality, is unfair in its 
incidence, or that the levy thereof, or of any part 
thereof, is obnoxious to the interest of the general 
public, he may require the said municipality, within 
such period as he shall fix in this behalf, to take 
measures for removing any objection which appears 
to him to exist to the said tax, and if, within the 
period so fixed, such requirement shall not be carried 
into effect to the satisfaction of the Governor in 
Council, he may, by notification in the Bombay 
Government Gazette, suspend the levy of such tax, 
or of such part thereof, until such time as the objec- 
tion thereto shall be removed. 

The Governor in Counoil may at any time, by a 
like notification, rescind any such suspension. 

74- Whenever it appears to the Governor in 
Council that the balance of the municipal fund of 
any municipality is insufficient for meeting the 
expenditure incurred under section 175 or for the 
performance of any duties in respect of which they 
shall have been declared under section 178 to have 
committed default, the Governor in Council may by 
notification require the municipality to impose, 
within the municipal district, any such tax specified 
in the notification as may be imposed under section 
59 if no such tax is at the time imposed therein, or 
to enhance any existing tax in such manner or to 
such extent as the Governor in Council considers 
fit, and the municipality shall forthwith proceed to 
impose or enhance in accordance with the requisition 
such tax under the provisions of this chapter, as if a 
resolution of the municipality had been passed for 
the purpose under section 60 : 

provided that 

(a) the Governor in Council shall take into con- 
sideration any objection which the municipality 
or any inhabitant of the municipal district may 
make against the imposition or enhancement of 
such tax, 



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op 1901] Municipal Act, 1901. 71 

{Chap. VII.— Municipal Taxation. Sees. 75-76.) 

(b) it shall not be lawful f6r the municipality 
to abandon or modify or to abolish such tax when 
imposed, and 

(c) the Goyernor in Council may at any time 
cancel or modify any requisition made by him 
under this section [•], and the levy of the tax or 
the enhancement except as to arrears theretofore 
accrued due, shall thereupon cease or be modified 
accordingly. 

(5) Octroi and tolls. 

75* Every municipality, when submitting for Octroi by- 
sanction a proposal for the imposition of octroi, shall tows {*> be 
submit therewith for sanction a draft of by-laws for 8n .^ ltted 
the purposes of clause (j) of section 48, after observ- ^salfor" 
ing the requirements of sub-sections (3) and (3) of imposition 
that section. of octroi. 

76« (l) Every person bringing into, or receiving Power to 
from beyond, the octroi limits of a municipal dis- ® x ^ine 
trict, any article on which octroi is payable shall, f^^ 
when required by an officer authorized in this behalf octroi. 
by the municipality, and so far as may be necessary 
for ascertaining the amount of tax chargeable, 

(a) permit that officer to inspect, examine and 
weigh and otherwise deal with the article ; and 

(b) communicate to that officer any information, 
and exhibit to him any bill, invoice or document 
of a like nature, which he may possess relating to 
the article. 

(2) If any person bringing into, or receiving from Power to 
beyond, the octroi limits of a municipal district in search 
which octroi is leviable, any conveyance or package, w ^ ere . 
shall refuse on the demand of an officer authorized 2^^ 
by the municipality in this behalf, to permit the 
officer to inspect the contents of the conveyance or 
package for the purpose of ascertaining whether it 



[* J " Section " was 'substituted for " sub -section " by Bom. 
Ill of 1902, s. 2. 



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72 The Bombay District [bom. ni 

{Chap. VII.— Municipal Taxation. Sees. 77-79.) 

contains any articles in respect of which octroi is 
payable, the officer may cause the conveyance or 
package to be taken without unnecessary delay before 
a Magistrate or such officer of the municipality as 
the Governor in Council appoints in this behalf by 
name or office, who shall cause the inspection to be 
made in bis presence. 

Presenta- > 77. (1) Every officer demanding octroi by the 
ti<m of bills authority of the municipality shall tender to every 
for octroi. p erson introducing or receiving any article on which 
the tax is claimed, a bill specifying the article tax- 
able, the amount claimed, and the rate at which the 
tax is calculated. 

Penalty for (£) If goods passing into :a municipal district are 
evasion of liable to the payment of octroi, then every person 
octroi. who, with the intention to defraud the municipality, 
causes or abets the introduction of, or himself intro- 
duces or attempts to introduce within the octroi 
limits of the said district, any such goods upon 
which payment of the octroi due on such introduc- 
tion has neither been made nor tendered, shall be 
punishable with fine which may extend to ten timtes 
the value of such octroi or to fifty rupees, whichever 
may be greater. 

Tables of 78. Every municipality imposing any toll under 
tolls'to be this Act, shall cause to be kept at each place where 
shown on guc j 1 to jj j s to ^ e C0 Hected, a table in the vernacular 
ma * language of the district, showing the amounts levi- 
able in all cases provided for in the rules, including 
the terms, if any, on which the liability to pay such 
tolls may be compounded by periodical payments, 
and it shall be the duty of every person authorized 
to demand payment of a toll to show such table on 
the request of any person on whom such demand is 
made. 

Power to 79. CO In the case of non-payment on demand 
seize vehicle f an y octroi or of any toll leviable by a munici- 
oa^w- P alit 7» the P er son appointed to collect such octroi 
ment of or to ^ ma y se * ze an y article on which the octroi is 

octroi or 
toll. 



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op 1901] Municipal Act, 1901. 73 

(Chap. VIL— Municipal Taxation. Sec SO.) i 

chargeable or any vehicle or animal on which the 
toll is chargeable, or any part of its burden, which 
is of sufficient value to satisfy the demand, and may 
detain the same. He shall thereupon give the per- 
son in possession of the vehicle, animal or article 
seized, a list of the property together with a written 
notice in the form of Schedule D that the said 
property will be sold as shall be specified in such 
n otice. 

($) When any article seized is subject to speedy Power to 
and natural decay, or when the expense of keeping sell pro- 
it together with the amount of the octroi or toll J? ^J! 6126 
chargeable is likely to exceed its value, the person 
seizing such article may inform the person in whose 
possession it was that it will be sold at once, and 
shall sell it or cause it to be sold accordingly unless 
the amount of octroi or toll demanded be forthwith 
paid. 

(3) If at any time before the sale has begun, the Release of 
person whose property has been so seized tenders at P^P^y on 
the municipal office the amount of all expenses in- W^ 11 • 
curred, and of the octroi or toll payable, the munici- 
pality shall forthwith release the property seized. 

(4) If no such tender is made, the property may Sale, 
be sold, and the proceeds of such sale shall by 
applied in payment of such octroi or toll and the 
expenses incidental to the seizure, detention and . 
sale. 

(5) The surplus, if any, of the sale-proceeds shall Surplus 
be credited to the municipal fund, and may, on tow dealt 
application made to the municipality in writing Wlth * 
within six months next after the sale, be paid to 

the person in whose possession the property was 
when seized, and, if no such application is made, shall 
be the property of the municipality. 

80- The municipality, if they think fit, instead Power to 
of requiring payment of octroi, due from any mer- kee P ac " 
cantile firm or public body, to be made at the time cu^ent 
when the articles in respect of which it is leviable are with firm 

B 1159—10 



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74 The Bombay District [bom. hi 

{Chap. VII.-*Municipal Taxation. Sec, 81.) 

or pnblio introduced within the octroi limitB of the municipal 
body in lieu district, may at any time direct that an account- 
ootroPon^ current shall be kept on behalf of the municipality 
introduc- of the octroi so due from any such firm or body as 
tionof the municipality specify in this behalf. Every 
S 001 * 8, such account shall be settled at intervals not exceed- 
ing one month, and such firm or public body shall 
make such deposit or furnish such security as the 
municipality or any committee or officer authorized 
by them in this behalf shall consider sufficient to 
cover the amount which may at any time be due 
from such firm or body in respect of such dues. 
Every amount so due at the expiry of any such 
interval shall, for the purposes of chapter VIII, be 
deemed to be, and shall be recoverable in the same 
manner as an amount claimed on account of any 
tax recoverable under the said chapter. 

Colleofcion 81. When any agreement such as is referred to 
of octroi in clause (5) of section 39 has been entered into, suoh 
J9 r ?^P ub "one of the bodies entering into the agreement as by 
behalf of° U *^ e term8 thereof shall be specified in this behalf, 
others. shall have the same power to establish such octroi 
limits and octroi stations as that body may deem 
necessary, for the entire area in which the octroi is 
to be collected, and shall have the same power of 
collecting octroi on animals or goods or both brought 
within the limits so established, and the provisions 
of this Act relating to octroi shall apply in the same 
way as if the limits so established were wholly com- 
prised within the area subject to the control of the 
body by which they are so established, and the 
collections made and the costs thereby incurred shall, 
subject to the provisions of section 39, be divided 
between the funds respectively subject to the con- 
trol of the bodies so entering into the agreement, 
in such proportions as shall have been determined in 
the said agreement. 



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Op 1001] Municipal Act, 1901. 75 

(Chap. VIII. — Recovery of Municipal Claims. 
Sees. 82-83.) 

CHAPTER VIII.— Recover* op 
Municipal Claims. 

82- (1) When any amount, Presonta- 

(a) whicb, by or under any provisions of this f 0P taxes. 
Act, is declared to be recoverable in the manner 
provided by this chapter, or 

(6) which, not being leviable under sub-section 

(1) of section 79, or payable on demand on account 
of an octroi or a toll, is claimable as an amount 
or instalment on account of any other tax which 
now is imposed or hereafter may be imposed in 
any municipal district, 

shall have become due, the municipality shall, with 
the least practicable delay, cause to be presented to 
the person liable for the payment thereof, a bill for 
the sum claimed as due. 

(2) Every such bill shall specify — Contents of 

(a) the period for which, and 

(6) the property, occupation or thing in respect 
of which, 

the sum is claimed, and shall also give notice of — 

(*) the liability incurred in default of payment, 
and of 

(it) the time within which an appeal may be 
preferred as hereinafter provided against such 
claim. 

(S) If the sum for which any bill has been pre- If bill not 
sen ted as aforesaid is not paid into the municipal P** 4 within 
office, or to a person authorized by any rule in that fif teendaye, 
behalf to receive such payments, within fifteen days demand to 
from the presentation thereof, the municipality may issue, 
cause to be served upon the person liable for the 
payment of the said sum a notice of demand in the 
form of Schedule B, or to the like effect. 

83- (1) If the person liable for the payment of In what 
the said sum does not, within fifteen days from the 0aB8B *•*" 
service of such notice of demand, either — issue. 111 * 7 



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76 The Bombay District [bom. ill 

{Chap. VIII. — Recovery of Municipal Claims. 
Sec. 83.) 

(a) pay the sum demanded in the notice, or 

(b) show cause to the satisfaction of the muni- 
cipality, or of [ a ] such officer as the municipality 
by rule may appoint in this behalf, or in a City 
Municipality of [ a ] the chief officer, if any, why 
he should not pay the same, or 

(c) prefer an appeal in accordance with the 
provisions of section 86 against the demand, 

such sum with all costs of the recovery may be levied 
under a warrant caused to be issued by the munici- 
pality in the form of Schedule C or to the like effect, 
by distress and sale of the moveable property of the 
defaulter. 

Warrant by (£) Every warrant issued under this seotion shall 
whom to be be signed by the president of the municipality caus- 
signed. j D g ^e same to be issued, or in the case of a City 
Municipality by the chairman of the managing 
committee, or by an officer to whom the munici- 
pality have delegated their powers under section 37 
or by the chief officer, if any. 

Powdrof ( 3 ) I* s ^ a ^ b e lawful for any municipal officer 
entry under to whom a warrant issued under sub-section (2) is 
special addressed, if the warrant contains a special order 
order# authorizing him in this behalf, but not otherwise, to 

break open, at any time between sunrise and sunset, 
any outer or inner door or window of a building, in 
order to make the distress directed in the warrant, 
if he has reasonable grounds for believing that such 
building contains property which is liable to seizure 
under the warrant, and if after notifying his author- 
ity and purpose and duly demanding admittance, he 
cannot otherwise obtain admittance : provided that 
such officer shall not enter or break open the door 
of any apartment appropriated for women, until he 
has given three hours 9 notice of his intention, and 
has given such women an opportunity to remove. 

Warrant (4) It shall also be lawful for such officer to 
how to be distrain, wherever it may be found, any moveable 



executed. 



[•] " Of " was substituted for "to " by Bom. IV of 1904, s. 6. 

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0* 1901] Municipal Act, 1901. H 

(Chap. VIII.— Recovery of Municipal Claims. 
Sec. 84.) 

property of the person therein named as defaulter, 
subject to the following conditions, exceptions and 
exemptions, namely : 

(a) The following property shall not be dis- 
trained : — 

($) the necessary wearing apparel and bed- 
ding of the defaulter, his wife and children, 

(ii) the tools of artizans, 

(Hi) when the defaulter is an agriculturist 
his implements of husbandry, seed-grain, and 
such cattle as may be necessary to enable the 
defaulter to earn his livelihood. 

(b) The distress shall not be excessive, that is 
to say, the property distrained shall be as nearly 
as possible proportionate in value to the amount 
recoverable under the warrant, and if any articles 
have been distrained which in the opinion of a 
person authorized by or under sub-section (2) to 
sign a warrant, should not have been so distrained, 
they shall forthwith be returned. 

(c) The officer shall on seizing the property 
forthwith make an inventory thereof, and shall 
before removing the same give to the person in 
possession thereof at the time of seizure a written 
notice in the form of Schedule D that the said 
property will be sold as shall be specified in such 
notice. 

84. (1) When the property seized is subject to Std© of 
speedy and natural decay, or when the expense of £°° ds dis - 
keeping it in custody together with the amount to ralDe 
be levied is likely to exceed its value, the president 
or chairman or officer by whom the warrant was 
signed shall at once give notice to the person in 
whose possession the property was when seized to 
the effect that it will be sold at once, and shall 
sell it accordingly unless the amount named in the 
warrant be forthwith paid. 



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78 



The Bombay District 



[bom, lit 



Application 
of proceeds 
of sale. 



Surplus, if 
any, how 
dealt with. 



Fees and 

costs 

chargeable. 



{Chap. VIII. — Recovery of Municipal Claims. 
Sec. 85.) 

(£) If not sold at once under sub-section (i), the 
property seized or a sufficient portion thereof may, 
unless the warrant is suspended by the person who 
signed it, or the sum due by the defaulter together 
with all costs incidental to the notice, warrant, and 
distress and detention of the property, is paid, be, on 
the expiry of the time specified in the notice served 
by the officer executing the warrant, sold by public 
auction under the orders of the municipality, and 
the proceeds, or such part thereof as shall be requi- 
site, shall be applied in discharge of the sum due 
and of all such incidental costs as aforesaid. 

(3) The surplus, if any, shall be forthwith credited 
to the municipal fund, notice of such credit being 
given at the same time to the person from whose 
possession the property was taken, but if the same 
be claimed by written application to the munici- 
pality within one year from the date of the notice [ a ], 
a refund thereof shall be made to such person. Any 
sum not claimed within one year from the date [*] of 
such notice shall be the property of the municipality. 

85. Fees for— 

(a) every notice issued under sub-section (3) of 
section 82, 

(b) every distress made [°] under sub-section 

(4) of section 83 [°], and 

(c) the costs of maintaining any live stock seized 
under [ d ] the said sub-section [ d ], 

shall be chargeable at the rates respectively speci- 
fied in such behalf in the rules of the municipality, 
and shall be included in the costs of recovery to be 
levied under [ e ] section 83 [•]. 

[ ft ]" Notice" was substituted for ^sale'' by Bom. IV of 
1904,s.6 (a). 

[b] " Date " was substituted for < e sale " by Bom. IV of 1904, 
s. 6 (W. 

r e-o] Tbese words were inserted by Bom. Ill of 1902, s. 2* 



P 



Jd-d1«*Th e said sub-section " was substituted for "this sec* 
tion " by Bom. Ill of 1902, s. 2. 

rc-cj « Section 83" was substituted for "section 84'* by 
Bom. Ill of 1902, s. 2. 



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of 1901] Municipal Act, 1901. 79 

{Ohap. VIII. — Recovery of Municipal Claims. 
Sees. 86-87.) 

86* Appeals against any notice of demand issued Appeals to 
under sub-section (3) of section 82 may be made to ^atST 
any Magistrate or Bench of Magistrates by whom, 
under the directions of the Governor in Council, or 
of the District Magistrate, such class of cases is to 
be tried. 

But no such appeal shall be heard and determined 
unless — 

(a) the appeal is brought within fifteen days 
next after service of the notice of demand com- 
plained of ; and 

. (b) an application in writing, stating the grounds 
on which the claim of the municipality is dis- 
puted, has been made to the municipality as 
follows, that ia to say : 

(t) in the case of a rate on buildings or lands,' 
within the time fixed in the notice given under 
section 65 or 66 of the assessment or alteration 
thereof, according to which the bill is prepared 

(ii) in the case of any other claim for which 
a bill has been presented under sub-section (Z) 
of section 82 within fifteen days next after the 
presentation of such bill ; and 

(c) the amount claimed from the appellant has 
been deposited by him in the municipal office. 

87« All sums due on account of any tax imposed Liability of 
in the form of a rate on lands or buildings or on land, build- 
both, mentioned in section 68, shall, subject to prior in S B > etc -* 
payment of land-revenue, if any, due to [ tt J His for rates# 
Majesty [ a ] thereupon, be a first charge upon the 
building or land, in respect of which such tax is 
leviable, and upon the moveable property, if any, 
found within or upon such building or land, and 
belonging to the person liable for such tax or 
taxes : 



[a-a] " His Majesty " was substituted for " the Secretary of 
State for India iu Council " by Bora. Ill of 1903, s. 2. 



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80 The Bombay District [boh. hi 

(Chap. VIII. — Recovery of Municipal Claim. 

Sees. 88 — 89.- Chap. IX. — Municipal 

Powers and Offences. Sec. 90.) 

provided that do arrears of any such tax shall be 
recovered from any occupier who is not the owner, if 
it has been due for more than one year or for a period 
during which such occupier was not in occupation. 

Suspen- 88« The Governor in Council may at any time by 

sion of notification suspend the operation of sections 83 and 
power to 34 j n an y municipal district, in which there is not a 
dist°re»s and ^7 Municipality, and from such date as shall be 
sale. fixed in this behalf in the notification, every amount 

due on account of any tax theretofore recoverable 
under the said sections, shall be recoverable on 
application to a Magistrate, in the manner provided 
in sub-section (2) of section 161 for the recovery of 
such "fines as are therein referred to, and not other- 
wise. 

Receipts 89* For all sums paid on account of any tax 

to be given under this Act, a receipt stating the amount, and 
for all the tax on account of which it has been paid, shall 
payments. ^ e t en <j er ed j^ ^hc person receiving the same. 



CHAPTER IX.— Municipal Powers 
and Offences. 

(1) Powers in respect of streets. 

Power 90. (-0 It shall be lawful for the municipality 

regarding to lay out and make new public streets, and to 
streets, etc. construct tunnels and other works subsidiary to the 
same, and to widen, open, enlarge or otherwise 
improve any such streets, and to turn, divert, discon- 
tinue or stop up any such streets, and, subject to 
the provisions of sub-section (2) of section 40, to 
sell any such land, theretofore used or acquired by 
the municipality for the purposes of such streots, 
as may not be required for any public street or for 
any other purposes of this Act. 

(2) In laying out or making, or in turning, 
diverting, widening, opening, enlarging, or other- 



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of 1901] Municipal Act, 1901. 81 

{Chap. IX. — Municipal Powers and Offences. 
Sec. 90.) 

wise improving any public street, in addition to 
the land required for the carriage-way and foot-ways 
and drains thereof, the municipality may purchase 
the land necessary for the houses and buildings to 
form the said street, and, subject to the provision 
contained in sub-section (3) of section 40, may sell 
and dispose of the same in perpetuity or on lease 
for a term of years, with such stipulations as to the 
class and description of houses or buildings to be 
erected thereon as they may think fit. 

(3) When the municipality consider that in any Power to 
street, not being a public street, or ia any part of require 
such street, within the municipal district, it is neces- ^^g 
sary for the public health, convenience or safety that ' 
any work should be done for the levelling, paving, 
metalling, flagging, channelling, draining, lighting 

or cleaning thereof, the municipality may by 
written notice require the respective owners of the 
lands or buildings fronting, adjoining or abutting 
upon such street or part thereof, to carry out such 
work in a manner and within a time to be specified 
in such notice, 

(4) After such work has been carried out by such a«d to de- 
owners or, as provided in section 15S, by the muni- c J arG sach 
cipality at the expense of such owners, the street or l^o, 
part thereof in which such work has been done may, 

and on the joint requisition of a majority of the said 
owners shall, be declared by a public notice, put up 
therein by the municipality, to be a public street. 

(5) A municipality may, at any time, by notice Power to 
fixed up in any street or part of a street not main- declare any 
tainable by the municipality, give intimation of p^ io a 
their intention to declare the same a public street, g^t 
and unless within one month next after such notice subject to 
has been so put up, the owner or the majority of ? b ^!?£ ons 
several owners of such street or such part of a street ^ aerSt 
lodges or lodge objections thereto at the municipal 

office, the municipality may, by notice in writing 
put up in such street, or such part, declare the same 
to be a public street, 
b 1159—11 



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82 



The Bombay District [bom. Hi. 



New 
streets. 



Power of 
munici- 
pality to 
pass orders. 



Right to 
proceed 
in certain 
eases. 



{Ohap. IX.— Municipal Powers and fences. 
Sec. 91.) 

91. (i) Every' person intending to lay out or 
make any new street, shall give notice in writing 
thereof to the municipality, and shall furnish plans 
and sections showing the intended level, means of 
drainage, direction and width of such street, if re- 
quired by the municipality to do so, and the level, 
meanB of drainage, direction and width of every 
such street shall be fixed or approved by the munici- 
pality, 

(2) Before passing orders under sub-section (1), 
the municipality may either issue, 

(a) a provincial order directing that, for a 
period therein specified, which shall not be longer 
than one month from the date of such order, the 
intended work shall not be proceeded with, or 

(fi) a demand for further particulars. 

(3) If 

(a) within one month from the receipt of the 
notice given under sub-section (I) the munici- 
pality have neither 

(♦) passed orders and served notice thereof 
either fixing or disapproving the proposals sub- 
mitted under sub-section (2) with regard to 
level, means of drainage, direction and width of 
the street, nor 

(it) under sub-section (#), issued any provi- 
sional order or demand for further particulars, 
or if 

(6) the municipality, having issued such demand 
for, and having received, in accordance with the 
demand and with the by-laws in force in this be- 
half, such further particulars, have issued no fur- 
ther orders within one ftonth from the receipt of 
such particulars, 

then the street may be laid out and made, in such 
manner as may have been specified in the notice, and 
as is not inconsistent with any provision of this Act 
or of any by-law for the time being in force there- 
under. 



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op 1901] Municipal Act, 1901. 83 

(Chap. IX.— Municipal Powers and Offences. 
Sec. 98.) 

(4) Whoever lays out, makes or builds upon any Ponalty. 
such street, either without giving the notice required 
by sub-section (i), or, except in accordance with 
the provisions of sub-section (3), without awaiting, 
or otherwise than in accordance with, the instructions 
issued by the municipality, or in any manner con- 
trary to the provisions of this Act or of any by-law 
in force thereunder, shall be punished with fine which 
may extend to two hundred and fifty rupees, and the 
municipality may cause any street so laid out or 
made to be altered, and any building erected in such 
street contrary to their directions to be altered or 
removed, and the expense thereby incurred shall be 
paid to them by the offender, and shall be recover- 
able in the same manner as an amount claimed on 
account of any tax recoverable under chapter 

viii. y v 

(2) Powers to regulate building, etc. 
92* (1) If any part of a building projects beyond Setting 
the regular line of a public street either as existing **°y . 
or as determined upon for the future, or beyond the Otow! 
front of the building on either side thereof, the 
municipality may, — 

(a) if the projecting part thereof is a verandah, 
step or some other structure external to the main 
building, then at any time, or 

(6) if the projecting part is not such external 
structure as aforesaid, then, whenever the greater 
portion of such building or whenever any material 
portion of such projecting part has been taken 
down or burned down or has fallen down, 

require by written notice either that the part, or 
some portion of the part, projecting beyond the said 
regular line or beyond the said front of the adjoin- 
ing building on either side thereof, shall be removed, 
or that such building when being rebuilt shall be set 
back to or towards the said regular line or the front 
of such building. And the portion of land added 
to the street by such setting back or removal shall 



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84i The Bombay District [Bom. hi 

(Chap. IX— Municipal Powers and Offences. 
Sees. 93-94.) 

thenceforth be deemed part of the public street and 

be vested in the municipality. 

Acquisition (£) If any land, not vested in the municipality, 

°V ,a ih d ' whether open or enclosed, lies within the regular line 

within the °* a public street, and is not occupied by a building 

regular line other than a platform, verandah, step or other such 

of a street external structure, the municipality after giving the 

and open owner f the land not less than fifteen clear day*' 

onWby Pie written notice of their intention, or if the land 

platforms, is vested in His Majesty, then with the permission in 

eto. writing of the Collector, may take possession of the 

said land with its enclosing wall, hedge or fence, if 

any, and, if necessary, clear the same : and the land 

so acquired shall thenceforward be deemed a part of 

the public street, and be vested in the municipality, 

Oompensa- (3) Compensation, the amount of wh'ch shall in 

tion pay- case of dispute be ascertained and dete mined in the 

able bj the manner provided in section 160, shall be paid by 

TOaity?" the municipality to the owner of any land added to 

a street under sub-section (1) or acquired under 

sub-section (5), for the value of the said land, and 

to the owner of any building for any loss, damage 

or expense incurred by such owner in consequence 

of any action taken by the municipality under 

either of the said sub-sections, provided that no such 

compensation shall be payable in cases to which 

section 119 applies. 

Setting 93* The municipality "may, upon such terms as 

forward to they think fit, allow any building to be set for- 
regular line war( j f or improving the line of any public street in 
8,ree • w bich such building is situated. 

Roo& and 94. (I) The external roofs and walls of buildings 
external erected or renewed after the coming into force of 

bi^dif '^is ^ ot * s ^ a ^ DOt ^ e raa( * e °* g rass » wood, cloth, 
not to^ canvas, leaves, mats or other inflammable materials, 
made of in- except with the written consent of the municipality, 
flammable which may be given either specially in individual 
materials. cageg) or generally in respect of any area specified 
therein. 



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of 1901] Municipal Act, 1901. 86 

{Chap. IX. — Municipal Powers and Offences. 
Sees. 95-96.) 

(2) The municipality may at any time by written Power to 
notice require the owner of any building which has squire re- 
an external roof or wall made of any such material ^f an d 
as aforesaid, to remove such roof or wall within wall if in- 
such reasonable time as shall be specified in the flammable, 
notice, whether such roof or wall was or was not 

made before the time at which this Act came into 
fqjee, and whether it was made with or without the 
consent of the municipality. 

(3) Whoever without such consent as is required Penalty, 
by sub-section (1) makes, or causes to be made, or 

in disobedience to the requirements of a notice given 
under sub-section (4?) suffers to remain, any roof or 
wall of such material as aforesaid, shall be punished 
with a fine which may extend to twenty-five rupees, 
and with a further fine which may extend to ten 
rupees for every day on which the offence is con- 
tinued, after the date of the first conviction. 

95. No building shall hereafter be built upon a Level of 
lower level than will allow of the drainage thereof buildingg. 
being led into some public sewer or drain either 

then existing or projected by the municipality, or 
into some stream or river, or into the sea* or some 
cesspool, or other suitable place which may be 
approved of by the municipality. 

96. (1) Before beginning to erect any building, Notioe of 
or to alter externally or add to any existing build- ? ew build * 
ing, or to reconstruct any projecting portion of a 1Dgs * 
building in respect of which the municipality is 
empowered by section 92 to enforce a removal or 
set-back, the person intending so to build, alter, or 

add shall give to the municipality notice thereof in 
writing, and shall furnish to them, at the same time 
if required by a by-law or by a special order to do so, 

(a) the sanad, if any, in force relating to the 
site of such proposed building, issued under 
section 10 of Bombay Act IV of 1868 or received 
under section 133 of the Bombay Land- Revenue 



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86 The Bombay District - [bom. lit 

(Ohap. IX. — Municipal Powers and Offences. 
Sec. 96.) 

Code, 1879, or other enactment relating to the Sfw^ 
survey of lands in towns and cities, and 

(b) a plan showiug the levels, at which the 
foundation and lowest floor of such building are 
proposed to be laid, by reference to some level 
known to the municipality, and all information 
they may require regarding the limits, design, 
ventilation and materials of the proposed build- 
ing, and the intended situation and construction 
of the drains, sewers, privies, water-closets and 
cesspools, if any, to be used in connection there- 
with, and the location of the building with re- 
ference to any existing or projected streets. 

Power of (£) The municipality may issue such orders not 
munici- inconsistent with this Act as they think proper with 
*******? reference to the work proposed in such notice 
pass orders. an( j ma y e j t j ier ^ yQ permission to erect or alter or 

add to the building according to the plan and in- 
formation furnished or may impose in writing such 
conditions as to level, drainage, sanitation, materials 
or to the dimensions and cubical contents of rooms, 
doors, windows and apertures for ventilation, or 
with reference to the location of the building in 
relation to any street existing or projected, as they 
think proper, or may direct that the work shall not 
be proceeded with unless and until all questions 
connected with the respective location of the build- 
ing and any such street have been decided to their 
satisfaction. 

Or to sua- (#) Before issuing any orders under sub-section 
pend the (£) the municipality may, within one month from 
work or to the receipt of such notice, either issue, 

further (a) a provisional order directing that for a 

particulars, period, which shall not be longer than one month 

from the date of such order, the intended work 

shall not be proceeded with, or 

(b) may demand further particulars. 

Right to (4) A building proposed in a notice given under 

proceed in sub-section (I) may be proceeded with in such 
certain manner, as may have been specified in such notice, 



caies. 



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op 1901] Municipal Act, 1901. 87 

{Chap. IX. — Municipal Towers and fences. 
Sec. 96.) 

as is not inconsistent with any provision of this Act * 
or of any by-law for the time being in force there* 
under in the following cases, that is to say : — 

(a) in case the municipality, within one month 
from the receipt of the notice given under 
sub-section (i), have neither 

(t) passed orders under sub-section (£) and 
served notice thereof in respect of the in- 
tended work; 
nor 

(ii) issued under sub-section (6) any provisional 
order or any demand for further par- 
ticulars ; 

(ft) in case the municipality having issued such 
demand for and having received in accordance 
with the by-laws in force in this behalf, such 
further particulars, have issued no further 
orders within one month from the receipt of 
such particulars : 

provided that no person, who becomes entitled 
under this sub-section to proceed with any intended 
work of which notice is required by sub-section (i), 
shall commence such work after the expiry of the 
period o* one year from. the date on which he first 
becomes entitled so to proceed therewith. 

(5) Whoever begins or makes any building or 
alteration or addition without giving the notice re- 
quired by sub-section (1), or without furnishing the 
documents or affording the information above 
prescribed, or except as provided in sub-section (4), 
without awaiting, or in any manner contrary to f 
such legal orders of the municipality as may be 
issued under this section, or in any other respect 
contrary to the provisions of this Act or of any 
by-law in force thereunder, shall be punished with 
fine which may extend to one thousand rupees : and 
the municipality may 

(a) direct that the building, alteration or addi- 
tion be stopped, 
and 



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88 The Bombay District [bom. hi 

{Chap. IX. — Municipal Powers and Offences. 
Sec. 96.) 

1 (6) by written notice, require suoh building, 

alteration or addition to be altered or de- 
molished, as they may deem necessary. 

(6) The municipality or any officer deputed 
by them may at any time inspect the erection of 
any building without giving notice of their or his 
intention to do so, and [ a ] at any time during 
the erection of a building or the execution of any 
such work as aforesaid, or at any time not later than 
one month after being informed in writing by the 
person responsible for giving a notice under sub- 
section (2) that the erection of the building, or the 
execution of any such work as aforesaid, has been 
completed, may by written notice specify any 
matter in respect of which the erection of such 
building, or the execution of suoh work, may be in 
contravention of any provision of this Act or of 
any by-law made under this Act at the time in force, 
and require the person erecting or executing, or 
who has erected or executed, such building or work, 
or, if the person who has erected or executed such 
building or work is not at the time of notice the 
owner thereof, then the owner of such building or 
work, to cause anything done contrary to any such 
provision or by-law to be amended, or to do any- 
thing which by any such provision or by-law he 
may be required to do but which has been omitted. 

Explanation. — The expression t€ to erect a build- 
ing " throughout this chapter includes 

(a) any material alteration, enlargement or 
reconstruction of any building, 

(6) the conversion into a place for human 
habitation of any building not originally con- 
structed for human habitation, 

(c) the conversion into more than one place for 
human habitation of a building originally con- 
structed as one such place, 

(d) the conversion of two or more places of 
human habitation into a greater number of such 
places, 

I a ] Words repealed by Bom. IV of 1004, s. 7, arc omitted. 

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op 1901] Municipal Act, 1901. 89 

{Chap. IX. — Municipal Powers and Offence** 
Sees. 97-98.) 

(e) such alterations of the internal arrange- 
ments of a building as affect its drainage, ventila- 
tion or other sanitary arrangements, or its security 
or stability, and 

(f) the addition of any rooms, buildings or 
other structures to any building, 

and a building so altered, enlarged, reconstructed, 
converted, or added to, is, throughout this chapter, 
included under the expression u a new building." 

97* It shall not be lawful for any person to Herniation 
erect any hut or shed or range or block of huts of hnte. 
or sheds, or to add any hut or shed to any range or 
block of huts or sheds already existing when this 
Act comes into operation, without giving previous 
notice to the municipality; and the municipality 
may require such huts or sheds to be built so that 
they may stand in regular lines, with a free passage 
or way in front of and between every two lines 
of such width as the municipality may think proper 
for ventilation and to facilitate scavenging, and at 
such a level as will admit of sufficient drainage, and 
may require such huts to be provided with such 
number of privies and such means of drainage as to 
them may seem necessary. If any hut or shed or 
range or block be built without giving such notice 
to the municipality, or otherwise than as required by 
the municipality, the municipality may give written 
notice to the owner or builder thereof, or to the 
owner or occupier of the land on which the same is 
erected or is being erected, requiring him within such 
reasonable time as shall be specified in the notice 
to take down and remove the* same, or to make such 
alterations therein or additions thereto as having 
regard to sanitary considerations the municipality 
may think fit, 

98* (1) Whenever the municipality are of opinion Improve- 
that any huts or sheds, whether used as dwellings or ment of 
stables or for any other purposes, and whether exist- hnts# 
ing at the time when this Act comes into operation 
or subsequently erected, are by reason 

B U59—12 



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/ 



90 ' The Bombay District [bom. hi 

{Chap. IX.-^Mtmcipal Powers and Offences. 
Sec. 98.) 

(a) of insufficient ventilation or of the manner in 
which such huts or sheds are crowded together, or 

(ft) of the want of a plinth or of a sufficient 
plinth or of sufficient drainage, or 

(c) of the impracticability of scavenging, 

attended with risk of disease to the inhabitants or 
the neighbourhood, they shall cause a notice to be 
affixed to some conspicuous part of each such hut 
or shed, requiring the owner or occupier thereof, 
or the owner of the land on which such hut or 
shed is built, within such reasonable time as may be 
fixed by the municipality for that purpose, to take 
down and remove such hut or shed, or to execute 
such operations as the municipality may deem 
necessary for the avoidance of such risk, 

(#) In case any such owner or occupier shall 
refuse or neglect to take down and remove such 
huts or sheds, or to execute such operations within 
the time appointed, the municipality may cause the 
said huts or sheds to be taken down, or such opera- 
tions to be performed in respect of such huts or 
sheds as they may deem necessary to prevent such 
risk. 

(3) If such huts or sheds be pulled down by the 
municipality, the municipality shall cause the mate- 
rials of each hut or shed to be sold separately, if such 
sale can be effected, and the proceeds, after deduct- 
ing all expenses, shall be paid to the owner of the 
hut or shed, or if the owner be unkuown or the title 
disputed, shall be held in deposit by the munici- 
pality until the person-interested therein shall obtain 
the order of a competent Court for the payment of 
the same : 

provided always that in case any huts or sheds, 
existing at the time when the land on which they are 
situate first became part of a municipal district,' 
should be pulled down under this section by order 
of the municipality, or in pursuance of their notice, 
compensation shall further be made to the owner or 
owners thereof, and the amount thereof, in case of 



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of 1901] Municipal Jet, 1901. 91 

{Chap. IX. — Municipal Powers and Offences. 
Sees. 99-101.) 

dispute, shall be ascertained and determined in the 
manner provided in section 160. 

(3) 'Powers connected with drainage, etc. 

99. (i) All sewers, drains, privies, water-closets Municipal 
honse-gulhes and cesspools within the municipal control over 
district shall be under the survey and control of ^aul8, e c " 
the municipality. 

(2) All covered sewers and drains, and all cess- 
pools, whether public or private, shall be provided 
by the municipality or other persons to whom they 
severally belong, with proper traps, or other cover- 
ings or means of ventilation, and the municipality 
may by written notice call upon the owner of any 
such covered sewers, drains or cesspools to make 
provision accordingly. 

100. {1) In order to carry out any drainage Powers for 
scheme it shall be lawful for a municipality to making 
carry any drain, sewer, conduit, tunnel, culvert, pipe drai ns. 

or water-course through, across or under any street, 
or any place laid out as or intended for a street, or 
under any cellar or vault which may be under any 
street, and, after giving reasonable notice in writing 
to the owner or occupier, into, through or under any 
land whatsoever within the municipal district. 

(S) The municipality, or any officer appointed by 
them for such purpose, may enter upon and con- 
struct any new drain in the place of an existing drain 
in any land wherein any drain vested in the munici- 
pality has been already constructed, or may repair 
or alter any drain vested in the municipality. 

(3) In the exercise of any power under this section 
no unnecessary damage shall be done, and com- 
pensation, which shall, in case of dispute, be as- 
certained and determined in the manner provided 
in section 160, shall be paid by the municipality to 
any person who sustains damage by the exercise of 
such power* 

101* (1) K any building or land be at any time Sufficient 

undrained, or not drained to the satisfaction of the drainage of 

houses. 



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92 The Bombay District [bom. hi 

(Chap. IX. — Municipal Powers and Offences. 
Sec. 102.) 

municipality, the municipality may by written 
notice call upon the owner to construct or lay from 
such building or land a drain or pipe of such size 
and materials, at such level, and with such fall as 
they thick necessary for the drainage of such build- 
ing or land into 

(a) some drain or sewer, if there be a suitable 
drain or sewer within fifty feet of any part of such 
building or land, or 

(b) a covered cesspool to be provided by such 
owner. 

New build- (2) It shall not be lawful newly to erect any 
ings not building, or to re-build any building, or to occupy any 
ed without" b^ing newly erected or re-built, unless and until— 
drains. (a) a drain be constructed of such size, mate- 

rials and description, at such level, and with such 
fail, as shall appear to the municipality to be neces- 
sary for the effectual drainage of such building ; 

(b) there have been provided for and set up in 
such building and in the land appurtenant thereto, 
all such appliances and fittings as may appear to 
the municipality to be necessary for the purposes 
of gathering and receiving the drainage from, and 
conveying the same off, the said building and the 
said land and of effectually flushing the drain of 
the said building and every fixture connected 
therewith. 

(3) The drain to be constructed as aforesaid 
shall empty into a municipal drain, or into some 
place legally set apart for the discharge of drainage, 
situated at a distance not exceeding fifty feet from 
such building; but if there is no such drain or 
place within that distance, then such drain shall 
empty into such cesspool as the municipality direct. 

Power of 102* The owner or occupier of any building or 

owners and land within the municipal district shall be entitled 

bnaduuzB ° f to cau8e k* s drains to empty into the sewers of the 

municipality, provided that he first obtains the 



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of 1901] Municipal Act, 1901. 93 

{Chap. IX.~Municipal Pouters and Offences. 
Sec. 103.) 

written permission of the municipality, and that he or lands to 
complies with such conditions as the municipality drail } V 1 ^ 
prescribe as to the mode in which and the superin- a^j^. lpa 
tendence under which the communications are to be 
made between drains not vested in the municipality 
and drains which are so vested. 

103* (1) If the owner or occupier of any build- How right 
ing or land desires to connect the same with any *° wry 
municipal drain, by means of a drain, to be con- ^^ , 
structed through land, or to be connected with a i an( j f r - m ^ 
drain, belonging to or occupied by or in the use of drain be- 
some other person, he may make a written applica- longing to 

tion in that behalf to the municipality. ^^JS^v^ 

r j sons may be 

obtained. 

(2) The municipality thereupon, after giving to g^ ^g^ 

such other person a reasonable opportunity of how and on 
stating any objection to such application, may, if **•* oondi- 
no objection is raised or if any objection which is tl0 ™ *?*? 
raised is in their opinion insufficient, by an order in by munici- 
writing authorize the applicant to carry his drain pality. 
into, through, or under the said land, or into the said 
drain, as the case may be, in such manner and on 
such conditions as to the payment of rent or com- 
pensation, and as to the respective responsibilities 
of the parties for maintaining, repairing, flushing, 
cleaning and emptying the said drains as may 
appear to them to be adequate and equitable. 

(3) Every such order shall be a complete author- Written 
ity to the person in whose favour it is made, or to or(Jer of 
any agent or other person employed by him for this m X° 1 fc al 
purpose, after giving or tendering to the owner or f<£. e x^ou. 
occupier of the said land or drain the compensation tion of 

or rent, if any, specified in the said order, and other- necessary . 
wise fulfilling as far as possible the conditions of the work- 
said order, and after giving to the said owner or 
occupier reasonable notice in writing, to enter upon 
the land specified in the said order with assistants 
and workmen at any time between sunrise and sunset 
and, subject to all provisions of this Act, to do 
all such work as may be necessary— 



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9<t The Bombay District [bom. hi 

(Chap. IX. — Municipal Powers and Offences. 
Sees. 104-106.) 

(a) for the construction or connection* of the 
drain, as may be authorized by the said order, 

(J) for renewing, repairing or altering the 
same, as may be necessary from time to time, or 

(c) for discharging any responsibility attaching 
to him under the terms of the order as to main- 
taining, repairing, flushing, cleaning or emptying 
the said drain or any part thereof. 

Work how 104- In executing any work under section 103, 
to be carried as mti e damage as possible shall be done, and the 
owner or occupier of the buildings or lands for the 
benefit of which the work is done, shall 

(a) cause the work to be executed with the 
least practicable delay ; 

(b) fill in, reinstate and make good at his own 
cost and with the least practicable delay the 
ground or any portion of any building or other 
construction opened, broken up or removed for the 
purpose of executing the said work ; and 

(c) pay compensation to any person who sustains 
damage by the execution of the said work. 

Rights of 105« If the owner of any land into, through or 
owner of under which a drain has been carried under section 
k* d 103 whilst such land was unbuilt upon, shall at any 

whk^kain subsequent time desire to erect a building thereon, 
is carried in the municipality shall, if they sanction the erection 
regard to of such building, by written notice require the 
subsequent owner or occupier of the building or land for the 
thereon! benefit of which such drain was constructed to close, 
remove or divert the same, and to fill in, reinstate 
and make good the land in such manner as they may 
deem to be necessary, in order to admit of the con- 
struction or safe enjoyment of the proposed build- 
ing. 

ProTision 106. CO In case the municipality shall be of 
of privies, opinion that any privy or cesspool, or additional 
etc. privies, or cesspools, should be provided in or on any 



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of 1901] Municipal Act, 1901. 95 

{Chap. IX. — Municipal Powers and Offences. 
Sec. 107.) 

building or land, or, in any municipal district in 
which, with the approval of the sanitary board, a 
water-closet system has been introduced, that water- 
closets should be substituted for the existing privies 
in or on any building or land, or that additional water- 
closets should be provided therein or thereon, the 
municipality may by written notice call upon the 
owner of such building or land to provide such 
privies, cesspools or water-closets as the munici- 
pality may deem proper* 

(2) The municipality may by .written notice re- 
quire any person or persons employing workmen or 
labourers exceeding twenty in number, or owning or 
managing any market, school or theatre or other 
place of public resort, to provide such latrines and 
urinals as the municipality may direct, and to cause 
the same to be kept in proper order, and to be daily 
cleaned. 

(3) The municipality may by written notice re- 
quire the owner or occupier of any land upon which 
there is a privy, to have such privy shut out, by 
a sufficient roof and a wall or fence, from the view of 
persons passing by or resident in the neighbourhood, 
or to alter as they may direct any privy door or 
trap door which opens on to any street, and which 
they deem to be a nuisance. 

107. (1) All sewers, drains, privies, water-closets, Cost of 
house-gullies and cesspools within municipal district altering, 
shall, unless constructed at the cost of the munici- re ^ m 8r 
pality, be altered, repaired, and kept in proper order ^ pr0 ^ m ^ 
at the cost and charges of the owners of the land and order 
buildings to which the same belong, or for the use of privies, 
which they are constructed or continued, and the efc0, 
municipality may by written notice require such 
owner to alter, repair, and put the same in good order 
in such manner as they think fit. 

(2) The municipality may by written notice de- 
molish or close any privy or cesspool, whether con- 
structed before or after the coming into operation 
of this Act, which in the opinion of the municipality 



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% 



The Bombay District 



[bom. 



Ill 



Power to 
close exist- 
ing private 
drains. 



Power in 
respect of 
sewers, etc., 
unauthor- 
izedly con- 
structed, 
rebuilt or 
unstopped. 



Encroach- 
ments on 



(Chap. IX. — Municipal Powers and Offences. 
Sees. 108-110.) 

is a nuisance, or is so constructed as to be inaccessible 
for the purpose of scavenging or incapable of being 
properly cleaned or kept in good order. 

108. When any building or land within the 
municipal district has a drain communicating with 
any cesspool or sewer, the municipality, if they con- 
sider that such drain, though it may be sufficient 
for the drainage of such building or land, and 
though it may be otherwise unobjectionable is not 
adapted to the general sewerage of the district, may 
close such drain, and such cesspool or sewer, whether 
it is or is not on land vested in the municipality, 
on providing a drain or drains equally effectual for 
the drainage of such building or land, and the 
municipality may do any work necessary for the 
purpose. 

109. The municipality may by written notice 
require that any such sewer, drain, privy, water- 
closet, house-gully or cesspool on any land within 
municipal limits, constructed, rebuilt or unstopped — 

(a) after such land became part of a municipal 
district, and 

(ft) either without the consent or contrary to 
the orders, directions or general regulations or by- 
laws of the municipality, or contrary to the provi- 
sions of any enactment in force at the time when 
it was so constructed, rebuilt or unstopped, 

shall be demolished, amended or altered, as they 
may deem fit, by the person by whom it was so con- 
structed, rebuilt or unstopped, and every person so 
constructing, rebuilding or unstopping any such 
sewer, drain, privy, water-closet, house-gully or 
cesspool, whether he does or does not receive such 
notice or does or does not comply therewith shall, 
in addition to any penalty to which he may be liable 
on account of such non-compliance, be punished 
with fine which may extend to twenty-five rupees. 

110. (1) Whoever, without the written consent 
of the municipality first obtained, makes or causes 



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op 1901] Municipal Act, 1901. 97 

{Chap. IX. — Municipal Power* and Offences. 
Sees. 111-112.) 

to be made any drain into or out from any of the municipal 
sewers or drains vested in the municipality, shall be drftlDB# 
punished with fine which may extend to twenty-five 
rupees, and the municipality may by written notice 
require such person to demolish, alter, remake, or 
otherwise deal with such drain as they may think fit. 

(#) No building shall be newly erected or rebuilt 
oyer any sewer, drain, culvert or gutter vested in the 
municipality, without the written consent of the 
municipality, and the municipality may by written 
notice require the person who may have erected or 
rebuilt such building to pull down or otherwise deal 
with the same as they may think fit. 

111. (1) The municipality or any officer ap- Inspection 
pointed by them for such purposes may, subject to of drains, 
the restrictions of this Act, inspect any sewer, drain, etCt 
privy, water-closet, house-gully, or cesspool, and for 
that purpose, at any time between sunrise and 
sunset, may enter upon any lands or buildings with 
assistants and workmen, and cause the ground to be 
opened where he or they may think fit, doing as 
little damage as may be. 

(8) The expense of such inspection, and of causing Expense of 
the ground to be closed and made good ao before, inspection 
shall be borne by the municipality, unless the sewer, wlien to ^° 
drain, privy, water-closet, house-gully or cesspool is aTmimoi- 
found to be ia bad order or condition, or was con- pa iity. 
structed in contravention of the provisions of any 
enactment, or of any by-laws of the municipality 
in force at the time, in which case such expenses 
shall be paid by the owner of such sewer, drain, 
privy, water-closet, house-gully or cesspool and shall 
be recoverable in the same manner as an amount 
claimed on account of any tax recoverable under 
chapter VIII. 

112. {1) The municipality may, if they think fit, Mnnicipa- 
cause any work of the nature to which this sub- Kt 7 "V 
chapter applies to be executed by municipal or other V^!^ 

B 1159—18 



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98 The Bombay District [bom, hi 

{Chap. IX. — Municipal Powers and Offences. 
Sec. 113.) 

works agency under their own orders, without first of all 

^^ **"f giving the person by whom the same would other- 

without w i ge have to be executed the option of doing the 

allowing Same, 

option to 

persons 

concerned 

of executing 

the same. 

Expenses (*) The expenses of any work so done shall be 

in such paid by the person aforesaid, unless the municipality 

oases by shall, by a general or special ord^r or resolution, 

lie > paid! section, as they are hereby empowered to sanction, 

the execution of such work at the charge of the 

municipal fund. 

(3) Any pipes, fittings, receptacles, or other 
appliances for or connected with the drainage of pri- 
vate buildings or lands shall, if supplied, constructed 
or erected at the expense of the municipality, be 
deemed to be municipal property, unless the munici- 
pality shall have transferred their interest therein 
to the owner of such buildings or lands. 

(4) — Powers regarding external structures, etc. 

Permission 113. (1) The municipality may give written per- 
J® 06 ^? mission to the owners or occupiers of buildings in 
proieotioM. P u ^° 8tr ^ets to put up open verandahs, balconies, or 
rooms, to project from any upper storey thereof, at 
such height from the surface of the street as the muni- 
cipality may fix by by-laws from time to time, and 
to an extent not exceeding four feet beyond the line 
of the plinth or basement wall, and may prescribe the 
extent to which, and the conditions under which, 
roofs, eaves, weather-boards, [» ] shop-boards [a] and 
the like may be allowed to project over such streets, 

(2) Any such owner or occupier putting up any 
such projections as aforesaid without such permis- 
sion or in contravention of such orders, shall be 
punished with fine which may extend to twenty-five 
rupees, and if any suoh owner or occupier fails to 
remove any such projection as aforesaid in respect 

[*-»} This word was inserted by Bonu IV of 1904, s. 8. 

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of 1901] Municipal Act, 1901. 99 

(Chap. IX. — Municipal Power* and Offences. 
Sec. 114.) 

of which he has been convicted under this Section, 
he shall be punished with further fine which may ' 
extend to five rupees for each day on which such 
failure or neglect continues. 

(3) The municipality may by written notice Removal 
require the owner or occupier of any building to ?* P* ! 60 - 
remove or alter any projection, encroachment or 
obstruction which, whether erected before or after 
the site of such building became part of a municipal 
district, shall have been erected or placed against or 
in front of such building, and which 

(a) overhangs or juts into, or in any way pro- 
jects or encroaches upon, any public street, so as 
to be an obstruction to safe and convenient 
passage along such street, or which 

(b) projects and encroaches into br upon any 
uncovered aqueduct, drain or sewer in such street, 
so as to obstruct or interfere with such aqueduct, 
drain or sewer, or the proper working thereof : 

provided always that the municipality shall, if 
such projection, encroachment, or obstruction 
shall have been made in any place before the date 
on which such place became part of a municipal 
district, or after such date with the written per- 
mission of the municipality, make reasonable 
compensation to every person who suffers damage 
by such removal or alteration ; and if any dispute 
shall arise touching the amount of such compensa- 
tion, the same shall be ascertained and determined 
in the manner provided in section 160. 

114. The municipality may by written notice Roughs 
require the owner of every building in any street to and pipes 
put up and keep in good condition proper troughs for A rain 
and.pipes for catching and carrying the water from water " 
the roof and other parts of such building, and for 
discharging the same, in such manner as they may 
think fit, so that it shall not fall upon the persons 
passing along the street. 



*' J ' ,; DWedbyG(X> 



lOu 



The Bombay District [bom. itr 



Firing of 
brackets, 
etc., to 
houses. 



Naming 
streets and 
numbering 
honses. 



Penalty for 
defacing 
buildings 
etc. 



(Chap. IX. — Municipal Powers and Offences. 
Sees. 115-117.) 

115. The municipality may erect or fix to the 
outside of any building, brackets for lamps to be 
lighted with oil or gas, or subject to the provisions 
of the Indian Electricity Act, 1903 f a ], for lamps to be m of 1908. 
lighted with electricity or otherwise, or subject to 
the provisions of the Indian Telegraph Act, 1885, as xiiiof 1886. 
amended by subsequent enactments, for telegraph 
wires or telephonic wires, or for the conduct of 
electricity for locomotive purposes, or such pipes as 
they may deem necessary for the proper ventilation 
of sewers and water- works, and such brackets and 
pipes shall be erected so as not to occasion any 
inconvenience or nuisance to the said building or any 
others in the neighbourhood. 

116- {1) The municipality may from time to 
time cause to be put up or painted on a conspicuous 
part of any building at or near each end, corner 
or entrance to every street, the name by which 
such street is to be known, and may from time to 
time fix a number in a conspicuous place on the 
outer iside of any building, or at the entrance of the 
enclosure thereof fronting the street. 

(2) Any person who destroys* pulls down or defaces 
any such name or number, or puts any name or 
number different from that put up by the munici- 
pality, and any owner or occupier of any building 
who shall not at his own expense keep such number 
in good order after it has been put up thereon, shall 
be punished with fine which may extend to twenty- 
five rupees. 

117. Any person 

(a) who without the consent of the owner or 
occupier affixes any posting bill, placard or other 
paper or means of advertisement against or upon 
any building, wall, board, fence or pale or 

(b) who without such consefct as aforesaid 
writes upon, soils, defaces or marks any suoh 

[*] The reference to Act XIII of 1889 is altered in accordance 
with Act X of 1897, b. 8. 



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of 1901] Municipal Act, 1901. 101 

(Chap. IX — Municipal Powers and Offences. 
Sees. 118-119.) 

building, wall, board, fence or pale with chalk or 

paint or in any other way whatsoever, 
shall be punished with fine which may extend to 
twenty rupees, 

118. The municipality may by written notice Removal 
require the owner or occupier of any land so to trim ™ d trin1 ' 
or prune the hedges thereof bordering any public JJJjJ^ 
street, that the said hedges may not exceed the trees, etc. 
height of four feet from the level of the street, and 
width of four feet, and to cut down, lop, or trim all 
trees or shrubs which in any way overhang, endanger, 
or obstruct, or which they deem likely to overhang, 
endanger, or obstruct any public street or to cause 
damage thereto, or which so overhang any public 
tank, well, or other provision for water-supply as to 
pollute, or be likely to pollute, the water thereof. 

(5) — Powefkfor promotion of public health, 
sqfety and convenience. 

119* (1) If any building, or any thing affixed Ruinous or 
thereon, be deemed by the municipality to be in a ^§^ UB 
ruinous state or likely to fall, or in any other way am fP L 
dangerous to any inhabitant of such building or 
of any neighbouring building, or ho any occupier 
thereof, or to passengers, the municipality shall 
immediately, if it appears -to them to be necessary, 
cause a proper hoard or fence to be put up for the 
protection of passengers ; all expenses incurred by 
the municipality under this sub-section shall be 
paid by the owner or occupier of such building and 
shall be recoverable in the same manner as an 
amount claimed on account of any tax recoverable 
under chapter VIII. 

(2) The municipality shall also cause notice in Action to 
writing to be given to the owner or occupier, re- he taken on 
quiring such owner or occupier forthwith to take de£ault *3 
down, secure, or repair such building, or thing ^^^ 
affixed thereon, as the case shall require, and if such 
owner or occupier do not begin to repair, take down, 
or secure such building or thing within three days 
after the service of such notice, and complete such 



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102 The Bombay District [bom. hi 

(Chap. IX.— Municipal Powers and Offences. 
Sec. 120.) 

work with due diligence, the municipality shall 
cause all or so much of such building or thing, as 
they shall think necessary, to be taken down, repair- 
ed, or otherwise secured : 
Proviso if provided always that if the danger be not of 
da ?^!? | hourly imminence, it shall be at the discretion 
Sent" 11111 " °^ *^ e municipality instead of themselves causing a 
hoard or fence to be put up, to issue in the first 
instance notice in writing to the owner or occupier 
to put up a proper hoard or fence, and in the event 
of the owner or occupier failing to put up within 
two days from the service of such notice a hoard or 
fence which tbe municipality consider sufficient in 
the circumstances of the case, the municipality shall 
at once cause such hoard or fence to be put up and 
thereafter proceed as provided in sub-sections (1) 
and (2). + 

Powers and 120* (1) The municipality may at any time by 
duties with written notice require that the owner of, or any 
dangerous, P erson w ^° has the control over, any well, stream, 
stagnant channel, tank or other source of water-supply, shall, 
or msani- whether it is private property or not, 
tMyrairees ^ keep and maintain any such source of water- 
snpply, supply, other than a stream, in good repair, or 

(J) within a reasonable time to be specified in the 
notice, cleanse any such source of water-supply 
from silt, refuse and decaying vegetation, or 

(c) in such manner as the municipality prescribe, 
protect any such source of water-supply from 
pollution by surface drainage, or 

(d) within twenty-four hours of such notice, 
repair, protect or enclose in such manner as the 
municipality approve, any such source of water- 
supply other than a stream in its natural flow, 
if for want of sufficient repair, protection or 
enclosure, such source of watefr-supply is in the 
opinion of the municipality dangerous to the 
health or safety of the publio or of any persons 
having occasion to use or to pass or approach 
the same, or shall 



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of 1901] Municipal Act, 1901. 103 

(Chap. IX. — Municipal Powers and Offences. 
Sec. 120.) 

(e) desist from using and from permitting others 
to use for drinking purposes any such source of 
water-supply which not being a stream in its 
natural flow, is proved to the satisfaction of the 
municipality to be unfit for drinking ; or 

(/) if notwithstanding any such notice under 
clause (e) such use continues and cannot in the 
opinion of the municipality be otherwise pre- 
vented, close, either temporarily or permanently, 
or fill up or enclose or fence in such manner as 
the municipality consider sufficient to prevent 
such use, such source of water-supply as afore- 
said; 

(g) drain off or otherwise remove from any such 
source of water-supply, or from any land or pre- 
mises or receptacle or reservoir attached or 
adjacent thereto, any stagnant water which the 
municipality consider is injurious to health or 
offensive to the neighbourhood. 

(2) If the owner or person having control as Remedy on 
aforesaid, fails or neglects to comply with any such non-com- 
requisition within the time required by or under the pl»wy with 
provisions of sub-section (1), the municipality may, fg^^^ 118 
and if in their opinion immediate action is necessary 
to protect the health or safety of any person, shall 
at once proceed to execute the work required by such 
notice, and all the expenses incurred therein by the 
municipality shall be paid by the owner of, or person 
having control over, such water-supply, and shall 
be recoverable in the same manner as an amount 
Claimed on account of any tax recoverable under 
chapter VIII : 

provided that in the case of any well or private 
stream or of any private channel, tank or other 
source of water-su^yply, the water of which is used 
by the public or by any section of the public as of 
right, the expenses incurred by the municipality or 
necessarily incurred by such owner or person having 
such control, may, if the municipality so direct, be 
paid from the municipal fund. 



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104 The Bombay District [bom. in 

(Ohap. IX. — Municipal Powers and Offences. 
Sees. 121-122.) 

Displacing 121. (Jf) Whoever displaces, takes up, or makes 
pavements, aD y alteration in the pavement, gutter, flags, or other 
6 materials, of an v public street, or the fences, walls, 

or posts thereof, or any municipal lamp, lamp-post, 
bracket, water-post, hydrant, or other such municipal 
property therein, without the written consent of the 
municipality, or other lawful authority, shall be 
punished with fine which may extend to one hundred 
rupees. 

Penalty for (£) Any person who, having displaced, taken up 
failure to or made alteration in any such pavement, gutter, 
r ^ ce flags, or other materials, or in the fences, walls, 
notice. posts, municipal lamps, lamp-posts, brackets, water- 
posts, hydrants, or other municipal property of any 
public street, shall fail to replace or restore the same 
to th^ satisfaction of the municipality after notice 
to do so, shall be punished with fine which may 
extend to fifty rupees, and shall pay any expense 
which may be incurred in restoring the street, and 
such expense shall be recoverable in the same man- 
ner as an amount claimed on account of any tax 
recoverable under chapter VIII. 

Obstrao- 122. (1) Whoever in any place after it has 

tions and become a municipal district, shall have built or set 

encroach- ^ or gj^ji build or set up, any wall or any fence, 

OTblio UP ° n rai *, P ost > 8ta ^' verandah, platform, plinth, step or 

streets and any projecting structure or thing, or other enoroach- 

open spaces, ment or obstruction, in any public street, or shall 

deposit or cause to be placed or deposited any box, 

bale, package or merchandise, or any other thing in 

such street, or in or over or upon, any open drain, 

gutter, sewer, or acqueduct in such street, shall be 

punished with fine which may extend to twenty-five 

rupees. 

{2) The municipality shall have power to remove 
any such obstruction or encroachment, and shall 
have the like power to remove any unauthorized 
obstruction or encroachment of the like nature in 
any open space not being private property, whether 
such space is vested in the municipality or not, 



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op 1901] Municipal Act, 1901. 105 

( Chap. IX.— Municipal Powers and Offences. 
Sec. 133.) 

provided that if the space be vested in His Majesty 
the permission of the Collector shall have first been 
obtained, and the expense of such removal shall be 
paid by the person who has caused the said obstruc- 
tion or encroachment, and shall be recoverable in 
the same manner as an amount claimed on account 
of any tax recoverable under chapter VIII. 

(3) Whoever, not being duly authorized in that 
behalf, removes earth, sand or other material from, 
or makes any encroachment in or upon, any open 
space which is not private property, shall be punish- 
ed with fine which may extend to fifty rupees, 
and, in the case of an encroachment, with further 
fine which may extend to ten rupees for every day 
on which the encroachment continues after the date 
of first conviction for such offence. 

(4) Nothing contained in this section shall pre- 
vent the municipality from allowing any temporary 
occupation of or erections in any public street on 
occasions of festivals and ceremonies, or the piling 
of fuel in by-streets and spaces for not more than 
four days, and in such manner as not to incon- 
venience the public or any individual. 

[ a ] (5) Nothing contained in this section shall 
apply to any projection duly authorized under sub- 
section (i) of section 113, or in any case where per- 
mission has been given under sub-section (4). 

123. (i) Every person intending to build or take Hoards to 

down any building, or to alter or repair the outward J* ■** U P 

part of any building, in such a position or in such f^ g JT 
• j. j.\ j. i-L i • vi i ^ pairs, etCt 

circumstances as that the work is likely to cause or 

may cause obstruction, danger or inconvenience in 

any street, shall before beginning such work, 

(a) first obtain a license in writing from the 
municipality so to do, and 

(b) cause sufficient hoards or fences to be put 
up in order to separate the building where such 
works are being carried on from the street, and 
shall maintain such hoard or fence standing and 



[*] This sub-section was added by Bom. fV of 1904, s. 9. 



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106 The Bombay District [bom. hi 

(Ohap. IX. — Municipal Powers and Offences. 
Sees. 124-185.) 

in good condition to the satisfaction of the muni- 
cipality during such time as the public safety or 
convenience requires, and shall cause the same 
to be sufficiently lighted during the night, and 
shall remove the same when directed by the 
municipality. 

(2) Whoever contravenes any of the provisions 
of this section shall be punished with fine which may 
extend to fifty rupees, and with further fine which 
may extend to ten rupees for every day or night, as 
the case may be, on which such contravention con- 
tinues, after the date of the first conviction. 

Fencing 124- (1) The municipality shall, during the 

and lighting construction or repair of any of the streets,* sewers, 
during re- drains or other premises vested in them, take proper 
r * precaution for guarding against accident, by shor- 

ing up and protecting the adjoining buildings, and 
shall cause such bars, chains, or posts to be fixed 
across or in any of the streets to prevent the passage 
of carriages, carts, or other vehicles, or of cattle or 
horses, while such works are carried on, as to them 
shall seem proper ; and the municipality shall cause 
any sewer or drain or other works in streets, during 
the construction or repair thereof, to be lighted with 
a sufficient light and guarded during the night. 

(2) Whoever takes down, alters or removes any 
of the said bars, chains or posts, or removes or 
extinguishes any such light, without the authority 
or consent of the municipality, shall be punished 
with fine which may extend to fifty rupees. 

Timber not 125* CO No person shall, without the written 

to be depo- permission of the municipality or otherwise than 

m £d e °j|n ° e in accordance with such conditions as may therein 

street with- be prescribed, make a hole in any street or erect or 

out permis- deposit thereon, any timber, stone, brick, earth or 

s i° n - other material that has been, or is intended to be, 

used for building ; and such permission shall be 

terminable at the discretion of the municipality ; 

and when such permission is granted to any person, 

he shall, at his own expense, cause such materials 



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of 1901] Municipal Act, 1901. 107 

{Chap. IX— Municipal Towers and Offences. 
Sec. 126.) 
or such hole to be sufficiently fenced and enclosed 
until the materials are removed, or the hole is filled 
up or otherwise made secure, to the satisfaction of 
the municipality, and shall cause the same to be 
sufficiently lighted during the night. 

(£) Whoever contravenes any of the provisions 
of sub-section (1) shall be punished with fine which 
may extend to twenty-five rupees, and with further 
fine which may extend to ten rupees for every day 
or night, as the case may be, on which such con- 
travention continues, after the date of the first 
conviction. 

126* [*] If in the opinion of the municipality Dangerous 
the working of any quarry, or the removal of stone, V**npn8* 
earth or other material from the soil in any place, 
is dangerous to persons residing in or having legal 
access to the neighbourhood thereof, or creates or 
is likely to create a nuisance, the municipality 
Hiay, by written notice, require the owner of the said 
quarry or place, or the person responsible for such 
working or removal, not to continue or permit the 
working of such quarry or the removing of such 
material, or to take such order with such quarry or 
place as the municipality shall direct for the pur- 
pose of preventing danger or of abating the nuisance 
arising or likely to arise therefrom : 

provided that if such quarry or place is vested in 
His Majesty, or if such working thereof or removal 
therefrom as aforesaid is being carried on by Or on 
behalf of Government, or any person acting with the 
permission or under the authority of Government 
or of any officer of Government acting as such, the 
municipality shall not take such action unless and 
until the Collector has consented to their so doing : 

provided further that the municipality shall im- 
mediately cause a proper hoard or fence to be put 
up for the protection of passengers near such quarry 
or place, if in any case referred to in this section [ b j 

M The figure (1) was deleted by Bom. Ill of 1902, s. 2. - 

[* J "Section'* was substituted for * sub-eection " by Bom. 
Ill of 1902,8. 2. : 



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108 The Bombay District [bom. hi 

{Chap. IX. — Municipal Powers and Offences. 
Sees. 137-128.) 

it appears to them to be necessary in order to prevent 
imminent danger, and any expense incurred by the 
municipality in taking action under this section 
shall be paid by such owner or other person as afore- 
said, and. shall be recoverable in the same manner 
as an amount claimed on account of any tax recover- 
able under chapter VIII, 

(6)— Powers for the prevention of nuisances. 

Depositing 127- (1) Whoever deposits, or causes or suffers 
dust, etc. an y member of his family or household to deposit 
any dust, dirt, dung, ashes, garden, kitchen or stable 
refuse, or filth of any kind, or any animal matter, or 
any broken glass or earthen-ware or other rubbish, 
or any other thing that is or may be & nuisance, 
in any street or in any arch under a ptreet, or in 
any drain beside a street or on any open space or 
on any quay, jetty or landing-place, or on any part 
of the sea-shore or the bank of a tidal river, whether 
above or below highwater mark, or on the bank of 
any river, water-course or nullah, except at such 
places, in such manner, and at such hours as shall be 
fixed by the municipality, and whoever commits, or 
" suffers any member of his family or household to 
commit, nuisance in any such place as aforesaid, 
shall be punished with fine which may extend to 
twenty-five rupees. 

(2) Whoever throws or puts, or causes or suffers 
any member of his household to throw or put, any 
of the matter above described, or, except with the 
permission of the municipality, any night-soil into 
any sewer, drain, culvert, tunnel, gutter or water- 
course, and whoever commits nuisance, or suffers 
any member of his family to commit nuisance, in 
any such drain, culvert, tunnel or water-course, or 
in such close proximity thereto as to pollute the 
same, shall be punished with fine which may extend 
to twenty-five rupees. 

piaohiuE- 128. Whoever causes or allows the water of any 

ing sewage, sink or sewer, or any other liquid or other matter 
etc* 



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of 1901] Municipal Act, 1901. 109 

{Chap. IX. — Municipal Powers and Offences. 
Sees. 129-130.) 

which is, or which is likely to become offensive, 
from any building or land under his control, to run, 
drain, or be thrown or put upon any street or open 
space, or to soak through any external wall, or 
causes or allows any offensive matter from any sewer 
or privy to run, drain or be thrown into a surface 
drain in any street, without the permission in writ- 
ing of the municipality, or who fails to comply 
with any condition prescribed in such permission, 
shall be punished with fine which may extend to 
twenty-five rupees. 

129. Whoever, being the owner or occupier of Non-reniov- 
any building or land, keeps or. allows to be kept for ** of fflai > 
more than twenty-four hours, or otherwise than in e * 
some proper receptacle, any dirt, dung, bones, 
ashes, night-soil, filth or any noxious or offensive 
matter, in or upon such building or land, or suffers 
such receptacle to be in a filthy or noxious state, or 
neglects to employ proper means to remove the filth 
from, and to cleanse and purify, such receptacle, or 
keeps or allows to be kept in or upon such build- 
ing or land any animal in such a way as to cause 
a nuisance, shall be punished with fine which may 
extend to twenty-five rupees, and with further fine 
which may extend to five rupees, for every day on 
which such offence is continued, after the date of 
the first conviction. 

130* (1) The municipality may from time to fomoval of 
time fix the hours within which only it shall be afcht-aoiL 
lawful to remove any night-soil or other such offen- 
sive matter, 

(JSf) Whoever, 

(a) when the municipality have fixed such 

hours, and given public notice thereof by beat of 

drum, removes, or causes to be removed, along 

any street any such offensive matter at any time 

. except within the hours so fixed, or 

(ft) at any time, whether such hours have been 
fixed by the municipality or not, 



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110 The Bombay District [bom. hi 

(Ohap. IX. — Municipal Powers and Offences. 
Sec. 181.) 

(i) uses for any such purpose any cart, car- 
riage, receptacle or vessel not having a cover- 
ing proper for preventing the escape of the 
contents thereof, and of the stench therefrom, 
or 

(ii) wilfully or negligently slops or spills any 
such offensive matter in the removal thereof, or 

(Hi) does not carefully sweep and clean every 
place in which any such offensive matter has 
been slopped or spilled, or 

(iv) places or sets down in any public place 
any vessel containing such offensive matter, or 

(v) drives or takes or causes to be driven or 
taken any cart, carriage, receptacle or vessel 
used for any such purpose as aforesaid, through 
any street or by any route, other than such as 
shall from time to time be appointed for that 
purpose by the municipality by public notice, 

shall be punished with fine which may extend to 
twenty-five rupees. 

♦ Filthy 131. CO Whoever, being the owner or occupier 

buildings, of any building or land, whether tenantable or 
etc * otherwise, suffers the same to be in a filthy and 

unwholesome state, or in the opinion of the muni- 
cipality a nuisance to persons residing in the neigh- 
bourhood, or overgrown with prickly-pear or rank 
and noisome vegetation, and who shall not, within 
a reasonable time after notice in writing by the 
municipality to cleanse, clear or otherwise put the 
same in a proper state, have complied with the re- 
quisition contained in such notice, shall be punished 
with fine which may extend to twenty-five rupees, 
and with further fine which may extend to five 
rupees for every day on which the failure to comply 
with the said notice is continued, after the date of 
the first conviction. 

(2) Should the state of the building be such as in 
the judgment of the municipality to render it unfit 
for human habitation, they may further by written 



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of 1901] Municipal Act, 1901. Ill 

(Chap. IX — Municipal Pouters and Offences. 
Sec. 131.) 

notice prohibit the using thereof for that purpose 
until it is so rendered fit. 

(S) If any building, by reason of dilapidation, Deserted 
neglect, abandonment, disuse or disputed ownership, aad offen- 
or of its remaining untenanted and thereby ? ve huild- 

(a) becoming a resort of idle and disorderly 
persons, or of persons who have no ostensible 
means of subsistence, or who cannot give a satis- 
factory account of themselves, or 

(J) coming into use for any insanitary or 
immoral purpose, or 

(c) affording a shelter to snakes, rats or other 
dangerous or offensive animals, 

*s open to the objection that it is a nuisance, 
or so unwholesome or unsightly as to be a source of 
discomfort, inconvenience or annoyance to the 
neighbourhood or to persons passing by such build- 
ing, the municipality, if they consider such objec- 
tion cannot under any other provision of this Act 
be otherwise removed, may, if there is any person 
known or resident within the municipal district 
who claims to be the owner of such building, by 
written notice directed to such person, require such 
person, or in any other case by written notice 
fixed on the door or any other conspicuous part of 
the building, require all persons claiming to be 
interested in such building, within a period which 
shall be specified in the notice and shall not be 
less than seven days from the date of such notice, 
to cause such building to be taken down and the 
materials thereof to be removed, and in the event of 
non-compliance with such requirement, the muni- 
cipality, on the expiration of the period specified as 
aforesaid, may forthwith cause the building to be 
taken down and the materials to be removed, and 
may sell such materials and apply the proceeds to 
defray any expenses incurred by them in so doing, 
and all such expenses not thereby defrayed shall be 
recoverable in the same manner as an amount 



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112 



The Bombay District [bom. hi 



{Chap. IX. — Municipal Powers and Offences. 
Sees. 13&134.) 

claimed on account of any tax recoverable under 
chapter VIII. 

Power to 132. It sb all be lawful for the president, vice- 
enter and president, or any councillor or officer authorized 
inspect, etc., ^y t ^ Q mun icipality in this behalf, at any time 
mgs * between sunrise and sunset, on giving such notice 
as hereinafter provided, to enter into and inspect 
all buildings and lands, and by written notice to 
direct all or any part thereof to be forthwith inter- 
nally and externally limewashed or otherwise 
cleansed for sanitary reasons. 

Bathing 133. (-0 The municipality may set apart suffi. 

places. cient public places, or any part of the sea-shore, not 
being private property, for the purpose of being used 
as bathing places, and may also provide or set apart 
a sufficient number of convenient tanks or runs of 
water for the inhabitants to bathe in ; and may also 
set apart tanks or reservoirs or runs of water for 
washing animals or clothes, and for all purposes 
connected with the health, cleanliness and comfort 
of the inhabitants, and may prohibit the use, for 
any purpose mentioned in this section, of any 
or all other public places within the municipal 
district, 

(2) Copies of all orders passed and notices issued 
by the municipality and for the time being in force 
under this section, shall be kept at the municipal 
office and shall be open for inspection by the public 
at all reasonable times. 

Fonling 134* (a) Whoever, in disobedience of any order 

water. f the municipality under section 133, or of any by- 
law, bathes in any stream, pool, tank, reservoir, well, 
cistern, conduit or aqueduct belonging to the muni- 
cipality, or washes, or causes to be washed, therein 
any animal or any thing whatever, or throws, puts 
or casts or causes to enter therein any animal or 
any thing, or causes or suffers to run, drain or be 
brought thereinto any thing that is, or may become, 
a nuisance, or does any thing whatsoever whereby 



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op 1901] Municipal Act, 1901. 1 13 

{Chap. IX. — Municipal Powers and Offences. 
Sees. 135-138.) 

any water therein shall be in any degree fouled or 
corrupted, and 

(b) whoever without permission of the munici- 
pality, steeps in any tank, stream, or ditch within, 
or on the boundary of, the municipal district any 
animal, vegetable or mineral matter likely to render 
the water of suoh tank, stream or ditch offensive or 
a nuisance, 

shall be punished with fine which may extend to 
fifty rupees, 

135* When any pool, ditch, tank, pond, well, hole Abatement 
or any waste or stagnant water, or any channel or of *«»»• 
receptacle of foul water or other offensive or in- ces 
jurious matter, whether the same be within any 
private enclosure or otherwise, shall appear to the 
municipality to be likely to prove injurious to the 
health of the inhabitants or offensive to the neigh- 
bourhood, the municipality may by written notice 
require the owner of the same to cleanse, fill up, 
drain off or remove the same, or to take such measures 
as shall, in their opinion, be necessary to abate or 
remove the nuisance. 

136* Whoever, except with the written permis- Using 
sion of the municipality, and in the way, if any, offensive 
enjoined in such permission, stores or uses night-soil mauure,eto. 
or other manure or substance emitting an offensive 
smell, shall be punished with fine which may extend 
to twenty-five rupees. 

137« Whoever tethers cattle or other animals, or Tethering 
causes or suffers them to be tethered by any member cattle, etc. 
of his family or household, in any public street or 
place so as to obstruct or endanger the public traffic 
therein, or to cause a nuisance, or who causes or 
suffers suoh animals to stray about without a keeper, 
shall be punished with fine which may extend to 
twenty-five rupees. 

138* (1) It shall be lawful for the municipality Consump- 
to direct by public notice that every furnace tion of 
employed, or to be employed, in any works 9 r build- 8moko ' 



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114 The Bombay District [Bom. hi 

(Chap. IX. — Municipal Powers and Offences. 
Sec. 139.) 

ings used for the purpose of any trade or manufac- 
ture whatsoever within the limits of the municipal 
district, whether a steam engine be or be not used or 
employed therein, shall in all cases be constructed, 
supplemented or altered so as to consume or burn, 
or reduce as far as may be practicable, the smoke 
arising from such furnace. 

(2) If any person shall after such direction use* 
or permit to be used, any such furnace not so con- 
structed, supplemented, or altered, or shall so 
negligently use, or permit to be used, any such 
furnace as that the smoke arising therefrom shall not 
be effectually consumed or burnt as far as may be 
practicable, every person so offending, being the 
owner or occupier cf the said works or buildings, or 
being an agent or other person employed by such 
owner or occupier for managing the same, shall be 
punished with fine which may extend to fifty rupees, 
and upon any subsequent conviction to five hundred 
rupees : 

provided that nothing in this section shall be 
held to apply to locomotive engines used for the 
purpose of traffic upon any railway or for the repair 
of roads. 

(7) Regulation of markets, sale of 
foody etc. 

Licensing % 139- (1) It shall be lawful for the municipality 
markets and to direct that no place shall be used as a market 

nous^*" * or ***© sa ^ e °* an * ma k» meat, fish, fruit or vege- 
tables intended for human food, or as a slaughter- 
house, excepting the public markets or slaughter- 
houses constructed or opened by the municipality, 
or such other markets or slaughter-houses as may 
have been licensed in writing by the municipality, 
who may, at their discretion, from time to time 
grant, suspend, withhold or withdraw such licenses, 
either generally or in individual instances. 

(2) No person shall, in any municipal district 
in which by-laws are in force prescribing the 



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op 1901] Municipal Act, 1901. 115' 

{Chap. JX — Municipal Pouters and Offences. 
Sec. 140.) 

conditions on and subject to which, and the circum* 
stances in which, licenses for shops for the sale of 
such commodities may be granted, refused, suspend- 
ed or withdrawn, use without a license from the 
municipality granted in accordance with by-laws 
made under clause (6) of sub-section (1) of section 
48 any place as a shop for the sale of animals* 
meat or fish, intended for human food, except in 
a municipal or licensed market* 

(S) Whoever contrary to such direction or with- 
out the license required as aforesaid, or otherwise 
than in accordance with the conditions on or sub- 
ject to which such license was granted, sells or 
exposes for sale any such animals or commodities, or 
uses or permits the use of a place as a shop for the 
sale thereof, or uses any place as a slaughter- 
house, shall be punished with fine which may extend 
to twenty-five rupees. 

(4) Upon a conviction being obtained in respect 
of any place which has, without, or during the 
suspension or after the withdrawal of, a license, 
been used or permitted to be used as a shop for 
such sale as aforesaid, the Magistrate shall, on the 
application of the municipality, but not otherwise, 
order such place to be closed, and thereupon appoint 
persons, or take other steps, to prevent such place 
being so used, and every person, who so uses or 
permits the use of a place after it has been so 
ordered to be closed, shall be punished with a fine 
which may extend to five rupees for each day during 
which he continues so to use, or permits such use of, 
the place after it has been so ordered to be closed. 

(5) Nothing contained in this section shall apply 
to the use of any hotel or eating house for the 
sale of food served for consumption on the premises. 

140* {1) The municipality may from time to Opening, 
time open or close any public market or slaughter- dosing and 
house. They may also either take stallage or other l®*** 1 * °* _ 
rents or fees for the use by any person of any such Sn^? 

houses. 



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116 The Bombay District. [bom. in 

{Chap. IX. — Municipal Powers and Offences. 
Sees. U1-U2.) 

market or slaughter-house, or from time to time 'sell 
by public auction or otherwise the privilege of 
occupying any stall or space in, or of otherwise 
using, any such market or slaughter-house. 

(3) Any person who, without the permission or 
license of the municipality, shall sell or expose for 
sale any article in the said markets, or use the said 
slaughter-houses, shall be punished with fine which 
may extend to twenty-five rupees. 

Slaughter- 141 • It shall be lawful for the municipality, 

houses, etc., with the sanction of the Commissioner or, if autho- 

beyond r j ze( j by him 9 of the Collector to establish slaughter- 

Hraite houses or places for the disposal of carcasses of 

animals, beyond the limits of the municipal district, 

and all provisions of this Act and of by-laws in force 

thereunder relating to such places within municipal 

limits, shall have full force therein, as if such places 

were within the municipal limits. 

Search for 142- 00 The president, vice-president or any 
and inspec- councillor or officer authorized by the municipality 
tionofun- i n this behalf- 
wholesome 

articles. (#) may at all reasonable times enter into any 

place for the purpose of inspecting, and may 
inspect, any animals, carcasses, meat, poultry, 
game, flesh, fish, fruit, vegetables, corn, bread, 
Hour, milk, ghee, butter or other articles intended 
for human food or drink or for medicine, whether 
exposed or hawked about for sale, or deposited in, 
or brought to, any place for the purpose of sale 
or of preparation for sale, or may enter into and 
inspect any place used as a slaughter-house, and 
may examine anything which may be therein ; 
and 

(b) in case any such animals, carcasses, or 
other articles before mentioned appear to be 
diseased or unsound or unwholesome or unfit for 
human food or drink or medicine may seize the 
same. 



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op 1901] Municipal Act, 1901. 1 17 

(Chap. IX. — Municipal Powers and Offences. 
Sec. 142.) 

Any article which is of a perishable nature 
may, under the orders of the president, vice- 
president or chairman of the managing committee 
or of a committee appointed under section 29 to 
exercise all or any of the powers vested in the 
municipality under this sub-chapter, if in his 
opinion it is diseased, unsound, unwholesome or unfit 
for food, drink and medicine, forthwith be destroyed. t 

Every animal and every article which is not of 
a perishable nature, if seized as aforesaid, shall 
be taken before a Magistrate. 

If it appear to the Magistrate upon sufficient 
evidence that any such article is diseased or un- 
sound or unwholesome or unfit for human food, 
drink or medicine, the owner or person in whose 
possession it was found, not being merely bailee or 
carrier thereof, shall, if in such case the provisions 
xlv o! ieeo. of section 273 of the Indian Penal Code do not 
apply, be punished with fine which may extend 
to one hundred rupees, and the Magistrate shall 
cause such article to be destroyed or to be so 
disposed of as to prevent its being exposed for sale 
or used for food or drink or medicine. 

(2) In every municipal district in which this sub- Adulterated 
section is, by virtue of a notification issued [?] under J 1 **? 168 for 
Bom. ii cf 1*9. the Bombay Prevention of Adulteration Act, 1899, ££^ r 
[ b ]as if the sub-section were part of section 5 of that 
Act,[ b J for the time being in force, and applicable 
to food of all kinds or of any specified kind, 

if any article to which this sub-aection is 
applicable as aforesaid, is intended for food or 
drink, and is in any place mentioned in sub- 
section (i) f the president, vice-president or officer 
authorized as aforesaid, in case such article appears 
not to be what it is represented to be, may seize 
the same, and if it appears to a Magistrate upon 
sufficient evidence that such article is not what 



\ 



ft ] The word " issued " was inserted by Bom. Ill of 1902, s. 2] 
,b - b J These words wei*e inaerted by Bom. Ill of 1902, s. 2. 



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118 The Bomhay District. [bom. hi 

(Chap. IX. — Municipal Power* and Offences. 
Sec. 142.) 

it is represented to be, such Magistrate may order 

the same to be destroyed or to be so disposed of 

as to prevent its being exposed for sale or used 

for food or drink, and the owner thereof or the 

person in whose possession the same was found, 

not being merely carrier or bailee thereof, shall, 

if in such case the provisions of section 273 of 

the Indian Penal Code do not apply, be punished xlv of i860* 

with fine which may extend to one hundred rupees. 

Explanation. — If such article having been expos- 
ed or stored in, or brought to any place mentioned 
in sub-section (1) for sale as gbee, contains any 
substance not exclusively derived from milk, it shall 
be deemed to be, for the purposes of this sub-section, 
an article which is not what it is represented to be. 

Protection Provided that when any article of food referred 

to persons to in this sub-section appears to the Magistrate not 

aCti <? ? ^fh. to k w ^ at ** * s represented to be, solely by reason 

goo ai o j the faot that there has been added to it some 

substance not injurious to health, no offence shall 

be deemed to have been committed by the owner of 

the article or the person in whose possession the 

same is found, if such owner or person proves to the 

satisfaction of the Magistrate — 

(a) that such substance has been added to the 
article of food, because the same is required for 
the production or preparation thereof, as an article 
of commerce, in a state fit for carriage or con- 
sumption, and not fraudulently to increase the 
bulk, weight or measure of the food or conceal 
the inferior quality thereof, or 

(6) that in the process of production, prepara- 
tion or conveyance of such article of food, the 
extraneous substance has unavoidably become 
intermixed therewith, or 

(c) that, by a label distinctly and legibly 
written or printed on or with the said article of 
food or by other means of public description, he 



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of 1901] Mimicipal Act, 1901. 119 

(Chap. IX. — Municipal Powers and Offences. 
Sees. U3-144.) 

has given suffioient notice that such substance 
has been so added, or 

(d) that— 

(*) the said article was purchased by him 
with a written warranty that it was of a certain 
nature, substance and quality, 

(h) he had no reason to believe that it was 
not of such nature, substance and quality as 
aforesaid, and 

{in) it was not exposed, hawked about, or 
brought for sale by him otherwise than as an 
article of the nature, substance and quality 
specified in the written warranty, and was in 
the same state in which he purchased it. 
(3) In all prosecutions under this section the Application 
Magistrate shall refuse to issue a summons for the for mm '. 
attendance of any person accused of an offence ^fused^f 
against its provisions unless the summons is applied not applied 
for within a reasonable time from the alleged date for within 
of the offence of which such person is accused. reasonable 

* time. 

143- The president, vice-president, or any False 
councillor, or officer authorized by the municipality weights 
in this behalf, may at all reasonable times enter into and 
any place used for the sale of articles used for human measures - 
food, and inspect the weights and measures in use, 
and if the person in charge be found in possession 
of any false or defective weights or measures, or 
of weights and measures by the use of which the 
public may be defrauded, he shall be punished 
with fine which may extend to two hundred and 
fifty rupees. . 

(8) Prevention of dangerous diseases. 

144. (1) The Governor in Council may at any Powers 
time confer by notification on any municipality which may 
designated therein, all or any of the powers afc ^ time 
specified in sub-section (£), and such municipality J 6 c ^?" 
shall, subject to all such limitations, restrictions and 



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120 Tlie Bombay District [bom. hi 

(Chap. IX — Municipal Powers and Offences. 
Sec* 144.) 

conditions, if any, as the Governor in Council in the 
same or in any subsequent notification may prescribe 
iu such behalf, exercise within the municipal district 
every power so conferred on them, for such period 
as may be specified in this behalf in any suoh 
notification, or if no period is so specified, then until 
such power is withdrawn. 

(£) The powers, all or any of which may be 
conferred under the preceding sub-section, are :— 

(a) power by orders, which may be either of 
special or general application, to direct that every 
medical practitioner, who knows or may have 
reason to believe that any person whom he has 
visited in his professional capacity in any dwelling 
not being a hospital, or that every manager of 
any factory or educational institution, or every 
head of a household, who knows or has reason to 
believe that any person who resides in any dwel- 
ling under the management or control of any 
such manager or head of a household, is suffering 
from any illness which may reasonably be sup- 
posed to be u dangerous disease, shall give inform- 
ation of the same with the least practicable 
delay to such person as may be designated by the 
municipality in that behalf; 

(b) power to direct or authorize tho inspection, 
without notice, or with such notice as to the 
person directed or authorized to inspect, appears 
reasonable, any place in which any dangerous 
disease is reported or suspected to exist, and the 
taking of measures to prevent the spread of the 
disease beyond such place ; 

(c) power to prohibit the removal of water for 
the purpose of drinking from any well, tank or 
other place, which may appear to the Municipa- 
lity, on the advice of a medical officer, likely to 
engender or cause the spread of any dangerous 
disease j 



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OP 19()1] Municipal Act, 1901. 121 

(Chap. IX— Municipal Powers and Offences. 
Sec. 144.) 

(d) power to direct or cause the removal, on a 
certificate signed by any duly qualified medical 
praotitioner authorized by the municipality in this 
behalf, of any person who is without proper lodging 
or accommodation, or who is lodged in a room or 
set of apartments occupied by niore than one 
family, and who id suffering from a dangerous 
disease, to any hospital or place at which persons 
suffering from the said disease are received for 
medical treatment ; 

(e) power to require by written notice the 
owner or occupier of any building or part of a 
building, or a person owning or in charge of any 
article therein, to cleanse or disinfect such build- 
ing or part thereof or article f either at his owu 
expense, or in case of poverty, or for other cause 
which the municipality in the circumstances of 
the case consider reasonable, at the expense of the 
municipality ; 

(J) power to provide the means, and to pre- 
scribe places, for disinfecting or washing bedding 
or other articles which have been exposed to 
infections from any dangerous disease, and to 
direct the destruction thereof ; 

(g) power— 

(«) to provide and maintain suitable convey- 
ances for the free carriage of persons suffering 
from any dangerous disdase, and 

{%%) when such provision is made, to prohibit 
the conveyance of such persons in all or any 
publio conveyances, and 

(iii) to direct that any conveyances that may 
at any time be used for conveying any such 
person shall be immediately disinfected ; 

(h) power to prohibit — j 

(ft) any person suffering from any dangerous 

disease from wilfully exposing himself, without 

proper precautions against spreading the said 

disease, in any street or in any school or 

b 1159—16 



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122 



The Bombay District 



[bom. Ill 



Penalties 
for dis- 
obedience 
to an order 
passed in 
exercise of 
such 
powers. 



(Chap. I£. — Municipal Powers and Offence** 
Sec, 144.) 

factory, or in any inn, dharmsb£la, theatre, 
market or other place of public resort : or 

(ii) any person in charge of any person so 

suffering from so exposing such sufferer ; 

(i) power to prohibit any person from removing 
to another place, or transferring to another 
person, exoept for the purpose of disinfection, any 
article which the person prohibited knows, or has 
reason to believe, has been exposed to infection of 
any kind whatsoever from any dangerous disease ; 

(/) power to prohibit the letting of or the pro- 
viding of accommodation in any hotel, inn, dharm- 
shala or serai, in whioh a person has, or in which 
there is reason to believe that a person has, been 
suffering from a dangerous disease, unless and 
until the person desiring so to let or provide 
accommodation shall have had the building, or 
part thereof, and any article therein likely to 
retain infection, disinfected to the satisfaction of 
the municipality or of suoh officer as the munici- 
pality appoint in this behalf ; 

(£) power, with the previous permission in 
each case of a Magistrate exercising not less than 
second class powers, to destroy any insanitary 
huts or sheds in which there is reason to believe 
that persons have been suffering from dangerous 
disease. 

(3) The municipality may, in their discretion, 
give compensation to any person who sustains 
substantial loss by the destruction of any property 
under this section, but, except as allowed by the 
municipality, no claim for compensation shall lie for 
any loss or damage caused by any exercise of the 
powers specified therein, 

(4) Any person who in a municipal district dis- 
obeys any order which is for the time being in force 
therein, and which has been passed by the munici- 
pality in exercise of any power conferred on such 
municipality under this section, or obstructs any 



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op 1901] Municipal Act, 1901. 123 

(Chap. IX. — Municipal Powers and Offences. 
Sec. 14B.) 

officer of the municipality or other person acting 
under the authority of the municipality in carrying 
out executively any such order, shall be punished 
with fine which may extend to two hundred rupees. 

145* CO Id the event of the municipal district Duties of 
or any part thereof being at any time threatened municipa- 
or visited with an outbreak of any dangerous |j|* °f , 
disease, the municipality shall take all such measures or ^^ 
as they deem necessary for the purpose of prevent- outbreak of 
ing, meeting, mitigating or suppressing such out- dangerous 
break. diseafl * 

(£) In such event as aforesaid the Governor in 
Council may, by special notification, declaring that 
such municipal district is threatened or visited with 
an outbreak of a dangerous disease, confer on the 
municipality all or any of the additional powers 
specified in the following sub-section, and such 
municipality shall, subject to such limitations, 
restrictions and conditions, if any, as the Governor 
in Council in the same or in any subsequent notifica- 
tion may prescribe, exercise every such power so 
conferred on them until the same is withdrawn by 
means of a like notification. 

(3) The powers all or any of which may be con- 
ferred under the preceding sub-section are— 

(a) power to order, subject to the conditions, 
(«) that the permission of a Magistrate 

exercising not less than second class powers 
shall be in each case first obtained, and 

(it) that accommodation for all persons to 
whom the order refers is available, or shall be 
provided, elsewhere, 

the evacuation of an infected building used as a 
dwelling, or of any part thereof, or of any building 
so used adjacent to such building, by the person 
or persons residing, whether habitually or tempo- 
rarily, therein ; i 

(b) power to direct the examination by a 
medical officer of persons, and if necessary, the 



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124 The Bombay District [boh. in 

(Chap. IX, — Municipal Powers and Offences. 
Sec. 145.) 

disinfection of the clothing, bedding or other 
suspicious articles belonging to persons, either 
arriving from places outside the municipal dis- 
trict, or residing in any building adjacent to any 
infected building, and to direct fch^t any such 
person shall give his address and present himself 
daily for medical examination at such time * and 
places as may be prescribed, for a period not 
exceeding ten days ; 

(0) power to prohibit either generally, or by 
special order in any individual case, assemblages 
consisting of any number of persons exceeding 
fifty, in any place whether public or private, or in 
any circumstances, or for any purpose, if in the 
opinion, recorded in writing, of ihe Civil Surgeon 
of the district or other medical officer' appointed 
by the Governor in Council on this behalf, such 
assemblages in such place, in such circumstances 
or for such purpose, would bp likely to become a 
means of spreading the disease or of rendering it 
more virulent, 

(4) The municipality ipay ip their discretion 
give compensation to any person who sustains sub- 
stantial loss by the destruction of any property under 
this section ; but except aB flowed by the munici- 
pality, no claim for compensation shall lie for any 
loss or damage caused by any exercise of the powers 
specified therein. 

Penal (6) If in any municipal district Jn which such 

clauses, declaration under sub-section (£) ?ls aforesaid is for 
thp time being in force, any person — 

(a) knowingly disobeys any order whioh for 
the time being is in force in such district and 
which has been passed by th<? municipality in 
exercise of pny power conferred on them under 
Bection 144 or uqder this section, or 

(b) obstructs any officer of the municipality or 
other person acting under the authority of the 



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of 1901] Municipal Act % 1901. 125 

(Chap. IX— ^Municipal Powers and Offences. 
Sees. 146-148.) 

municipality in carrying out executively any 
such order, 

such person shall be punished with fine which may 
extend to one thousand rupees. 

146* (-0 The Governor in Council may at any Withdrawal 

time an d modi- 

fication of 
powers and 
orders. 



(a) withdraw any power conferred under sec- 
tion 144 or under section 145 ; 

(6) cancel or modify any limitation, restriction 
or condition prescribed in respect of any such 
power ; or 

(c) cancel any order passed by a municipality 
in exercise qf any such power. 

(#) Every order passed by a municipality in 
exercise of any such power as aforesaid shall, on 
the withdrawal of such power, cease to be in force in 
the municipal district. 

147* K in any municipal district auy infectious Duties of 
disease amongst cattle, sheep or goats breaks out, or municipa- 
if the introduction of any such disease appears to Kt y in r *s- 
be likely, tlie municipality shall take all such J^Sb^cS" 
measures as they deem necessary for the purpose cattle?sheep 
of preventing, meeting, mitigating or suppressing or goats, 
the disease or the outbreak or introduction thereof. 

148* (I) Whenever the municipality consider p roC eodings 
the interior of a building is so overcrowded as to be, to abate the 
or to be likely to become, dangerous or prejudicial overcrowd- 
to the health of the inhabitants of that or of any l n f . the F 

• i i • i •? i* .i • • t. J interiors ot 

neighbouring building, the municipality may cause buildings. 
proceedings to be taken before a Magistrate of the 
first class for the purpose of obtaining an order to 
prevent such overcrowding* 



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126 The Bombay District [bom. hi 

{Chap. IX. — Municipal Powers and Offences. 
Sec. 148.) 

Procedure (2) Such Magistrate may, on the production 
ofMagis- f a certificate by a medical officer stating his 
k** 6 * opinion that the overcrowding complained of is 

likely to cause disease, or risk of disease, and after 
such further inquiry, if any, as may appear to such 
Magistrate necessary, require the owner of the build- 
ing within a reasonable time, not being more than 
six weeks or less than ten days, to abate the number 
of lodgers, tenants or other inmates of the said build- 
ing to such extent as he shall deem necessary to 
prescribe, or may pass such other order as he 
shall deem just and proper. 

(3) If the owner of the said building shall have 
sublet the same, the landlord of the lodgers, tenants 
or other actual inmates of the same shall for the 
purposes of this section [•] be deemed to be the 
owner of the building. 

(4) It shall be incumbent on any owner, to whom 
a requisition is issued under sub-section (£), forth- 
with to give to so many of the lodgers, tenants or 
other actual inmates of the said building as may be 
necessary to fulfil the conditions prescribed thereby, 
written notice to vacate the said building within 
the period specified in such requisition, and any such 
lodgers, tenants or inmates receiving such notice shall 
be bound to comply therewith. 

(5) Any owner who after the date specified in any 
requisition issued under sub-section (2) permits the 
overcrowding of any building in contravention of 
such requisition, and any person who omits to vacate 
any such building in accordance with notice given 
to him under sub-section (4), shall be punished with 
fine which may extend to ten rupees for each day 
subsequent to the date specified in such requisition 
during which such overcrowding, or such omission 
to vacate, continues. 



[°] " Section " was substituted for " subsection " by Bom, 
III of 1902,> 2. 



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op 1901] Municipal Act, 1901. 127 

(Chap. IX. — Municipal Powers and Offences. 
Sec. 14$.) 

149* (1) I* the Governor in Council is of opinion Special 
that risk of disease has arisen or is likely to arise, powers 
either to any occupier in. or to any inhabitants in the J*ioh may 

• i i- i_ j ± i~ e t jjl be conferred 

neighbourhood of, any area by reason of any of the ^ y ^ 

following defects, namely — Governor in 

(a) the manner in which either buildings, or^J^J 1 
blocks of buildings, already existing or projected ove V- 
thereio, are, or are likely to become, crowded to- crowded 
gether ; or are *j 

(b) the impracticability of cleansing any such ^^ e 
buildings or blocks of buildings, already existing Governor in 
or projected ; or Council. 

(c) the want of drainage or scavenging, or the 
difficulty of arranging therein for the drainage or 
scavenging of any such buildings or blocks or area 
as aforesaid ; or 

(d) the narrowness, closeness, bad arrangement 
or bad condition of the streets or buildings or 
groups of buildings ; 

he may by notification confer on the municipality, to 
which such area is subject, all or any of the powers 
specified in sub-section (i), and may, if he deem 
necessary, at any time make rules prescribing any 
limitations, restrictions, modifications, conditions or 
regulations, subject to which the municipality shall 
exercise within that area all powers so conferred, 
unless and until those powers are withdrawn by a 
subsequent notification of the Governor in Council. 

(2) The powers all or any of which may be con- 
ferred on a municipality under sub-section (1) are 
as follows : — 

(a) power when any building or block already 
existing or in course of erection, by reason of any 
defect specified in sub-section (2;, has given or 
is in the opinion of the municipality likely to give 
rise to such risk as aforesaid, to require by a 
written notice, to be fixed upon some conspicuous 
part of such building or block, and addressed 
as the municipality deem fit either to the owners 



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128 The Bombay District [bom. hi 

(Chap* IX. — Municipal Powers and Offences. 
Sec 149.) 

thereof, or to the owners of the land on which 
such building or block is erected or is in course 
of erection, that the persons so addressed shall, 
within a reasonable time as shall be specified in 
the notice, either pull down or remove the said 
building or block, or execute such works or take 
such action in connection therewith as the mu- 
nicipality deem necessary to prevent all such risk 
of disease ; 

(6) power by municipal or other agency, to pull 
down or remove the said building or block, or to 
execute such works or take such action, if the 
persons addressed in the said notice neglect so to 
do within the time specified therein ; 

(c) power, subject to a right of appeal to the 
Commissioner, whose decision shall be conclusive, 
to prohibit by written notice addressed to the 
owner and occupier of any such site or space, 
and by general notice published in the manner 
provided in sub-section (3) of section 154, the 
erection of any building or of any building 
exceeding such dimensions as may be specified, 

(i) on the site of any building which has, in 
whole or in part, in exercise of the power 
specified in clause (a), been pulled down, or 

(it) on any space not occupied by buildings, 
whether such space is private property or not, 
and whether it is enclosed or not, 

if the municipality consider that in order to 
prevent such risk as aforesaid, such site or space 
should not be built upon, and either 

(a) to acquire such site or space, or 

(6) to prescribe such conditions as may be 
deemed necessary as to the use which the owner 
or occupier may make or permit to be made 
thereof : 

provided that in every case compensation, the 
amount of which shall, in case of dispute, be 



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of 1901] Municipal Act, 1901. 129 

(Okap. IX. — Mtmicipal Powers and Offences. 
Sec. ISO.) 

ascertained and determined in the manner provided 
in section 160, shall be paid to any person whose 
rights are affected by such prohibition. 

(3) When, in pursuance of any notice under 
sub-section (£), any building has been pulled down, 
the municipality shall, unless it has been erected 
contrary to any provision of this Act or of any 
by-law in force thereunder, pay to such owner or 
occupier as may have sustained damage thereby 
reasonable compensation, the amount of which 
shall, in case of dispute, be ascertained or determin- 
ed in the manner provided in section 160. 

(4) In making any rule under sub-section (1) the 
Governor in Council may prescribe a fine not 
exceeding five hundred rupees for every breach, and 
a further fine not exceeding twenty rupees & day 
for every continuing breach, of any order made or 
conditions imposed by the municipality in exercise 
of the powers conferred upon thorn under this 
section or in pursuance of such rules. 

150* {1) If the municipality be of opinion that closing of 
any place used for the disposal of the dead is in places for 
such a state as to be, or to be likely to become, d ^ 8 P? Ba ^ of 
injurious to health, they may submit their opinion ea # 
with the reasons therefor to the Governor in 
Council, and the Governor in Council thereupon, 
after such further inquiry, if any, as he shall deem 
fit to cause to be made, may by notification direct 
that such place shall cease to be so used from such 
date as may be specified on that behalf in the said 
notification. 

(#) A copy of the said notification together with 
a trauslation thereof in the vernacular of the 
district shall be published in the local newspapers, 
if any, and shall be posted up at the municipal 
office and in one or more conspicuous spots on or 
near the place to which the same relates. 

(3) Any person who buries or otherwise disposes 
of any corpse in any such place, after the date 
1159—17 



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4 L 130 The Bombay District [bom. hi 

{Chap. IX.— Municipal Powers and Offences. 
Sea. 161.) 

speoified in the said notification for closure of the 
same, shall be punished with fine which may extend 
to one hundred rupees. 

(9) Nuisances from certain trades and 
occupations. 
Regulation jgj # (f) jf ft fc e shown to the satisfaction of 
toSaT 11 fcte municipality that any building or place used or 
intended by any person to be used, 

(a) for boiling or storing offal, blood, bones 
or rags ; 

(6) for salting, curing and storing fish ; 

(c) for storing hides, horns or skins ; 

(d) for tanning ; 

(e) for the manufacture of leather or leather 
goods ; 

(/) for dyeing ; 

(g) for melting tallow or sulphur; 
(ft) for washing or drying wool or hair ; 
. (*) as a brick, pottery or lime kiln ; 
(j) for soap-making ; 
(Jfe) for oil-boiling ; 
(0 as a manufactory of sago; 
(m) as a distillery ; 

\n) for storing hay, straw, fodder, wood, coal 
or other combustible material ; 

(p) as a manufactory or place of business 
of any other kind, from which offensive or un- 
wholesome smells arise, or which may involve 
risk of fire, 
* is or is likely by reason of such use and of its situa- 
tion to become, a nuisance to the neighbourhood, 
or is so used or is so situated as to be likely to be 
dangerous to life, health or property, the munici- 
pality may by written notice require the owner or 

OOCUpier- 



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0*1901] Municipal Act, 1901. 131 

{Chap. IX. — Municipal Power a and Offences. 
Sec. 151.) 

(*) at once to discontinue the use of, or at onoe 
to desist from carrying out, or allowing to be 
carried out, the intention so to use, such place, or 

(n) to use it in such manner, or after such 
structural alterations, as the municipality in such 
notice prescribes, so that it may not become, or 
may be no longer, a nuisance or dangerous. 

(2) Whoever, after notice has been given under liability to 
sub-section (I), uses any place or permits it to be penalty 
used in such a manner as to be a nuisance to the after notice, 
neighbourhood or dangerous to life, health or pro- 
perty, shall be punished with fine which may extend 

to two hundred rupees, and with further fine which 
may extend to forty rupees for every day on which 
such use or permission of use is continued after the 
date of the first conviction. 

(3) Upon a conviction being obtained under this 
section the Magistrate shall, on the application of 
the municipality but not otherwise, order such place 
to be closed, and thereupon appoint persons or take 
other steps to prevent such place being used for any 
purpose mentioned in sub-section (1), 

(4) Whoever uses without a license, or during the Penalty for 
suspension or after the withdrawal of a license, any unlicensed 
place for any purpose mentioned in sub-section (2) fef? J^ 

V r .* t %• m . . • i«i<ii \> district m 

in any municipal district in which by-laws are for w hioii by- 
the time being in force prescribing the conditions on laws under 
or [*] subject to which, the circumstances in which, action 48 
and the areas or [*] localities in respect of which, ^^J^ 816 
licenses for such use may be granted, refused, 
suspended or [*J withdrawn, shall be punished with 
fine which may extend to fifty rupees and with 
further fine which may extend to ten rupees for 
every day on which such use is continued after the 
date of first conviction. 



r»] " Or " was substituted for " and" by Bom. Ill of 1902, 
s.S. 



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132 The Bombay District [bom. in 

{Chap. IX. — Municipal Powers and Offences. 
Sees. 162-153.) 

Loitering or 152- Whoever in any street or public place 
pp«£ nn - within the limits of a municipal district loiters for 
purposes of ^e purpose of prostitution, or importunes any 
prostitu- person to the commission of sexual immorality, shall 
tion. be punished with fine which may extend to fifty 

rupees : 

provided that no Court shall take cognizance of 
an offence under this section, except on the com- 
plaint of the person importuned, or of a Police- 
officer not below the rank of an officer in charge of 
a police-station and specially authorized in this 
behalf by the District Magistrate or by the munici- 
pality. 

Brothels. 153* In any municipal district 

(a) any part of which is within three miles of 
a cantonment, or 

(b) to which on the application of the munici- 
pality the Governor in Council may by notification 
have declared this section to apply, 

any Magistrate of the first class, on receiving 
information that a house within the limits of such 
district is used as a brothel, may summon the owner 
or occupier of such house and on being satisfied that 
the house is so used, may order the owner or 
occupier to discontinue such use of it, and, if 
such owner or occupier shall fail to comply with 
such order within five days, may impose upon him 
a fine not exceeding twenty-five rupees for every day 
thereafter that the house shall be so used : 

provided that action under this section shall be 
taken only 

(a) with the sanction or by the order of the 
District Magistrate, or 

(b) on the complaint of three or more inhabit- 
ants of the municipal district residing in the 
vicinity of the house to which the complaint refers. 



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op 1901] Municipal Act, 1901. 133 

(Chap. IX.—Mmicipal Powers and Offences. 
Sec. 154.) 

(10) Service of notices and penalties on 
non-compliance theretoith. 

154» (1) The service of every notice, and the pre- Service of 
sentation of every bill under this Act, on any person ^^^fj^! 
or to any person to whom it is by name addressed, i^iyiduais. 
shall, in all cases not otherwise specially provided for 
therein, be effected by a municipal officer or servant 
or other person authorized by the municipality in 
this behalf, 

(a) by giving or tendering this notice or bill 
to the person to whom it is addressed ; or 

(6) if such person is not found, by leaving 
the notice or bill at his last known place of 
abode, if within the municipal limits, or by 
giving or tendering the notice or bill to some 
adult male member or servant of his family ; or 

(c) if such person does not reside within the 
municipal limits, and his address elsewhere is 
known to the president or other person directing 
the issue of the notice or bill, then by forwarding 
the notice or bill to such person by registered 
post, under cover bearing the said adddress ; or 

(d) if none of the means aforesaid be available, 
then by causing the bill or notice to be affixed 
on some conspicuous part of the building or land, 
if any, to which the bill or notice relates. 

(2) When any notice under this Act is required Service of 
or permitted by or under this Act to be served £ otice8 on 
upon an owner or occupier of any building or or °^^ 
land, it shall not be necessary to name the owner piers " of 
or occupier therein, and the service thereof, in cases ouildings 
not otherwise specially provided for in this Act, and k* 1 * * 
shall be effected either 

(a) by giving or tendering the notice to the 
owner or occupier, or if there be more owners or 
occupiers than one, to any one of them ; or 



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134 The Bombay District [bom. hi 

(Chap. IX. — Municipal Powers and Offences. 
Sec. 164.) 

(b) if no such owner or occupier be found,- then 
by giving or tendering the notice [ a ] to some male 
adult member or servant of the family of any such 
owner or occupier as aforesaid ; or 

(c) if none of the means aforesaid be available, 
then by causing the notice [ a ] to be fixed on some 
conspicuous part of the building or land to 
which the same relates. 

Public and (3) Every notice which this Act requires or em- 
general powers a municipality to give or to serve either as a 
tobe^u£ W P u k^ c notice, or generally, or by provisions which 
lished. do not expressly require notice to be given to indivi- 
duals therein specified, shall be deemed to have 
been sufficiently given or served if a copy thereof 
is put up in such conspicuous part of the municipal 
office during such period, and in such other public 
buildings and places, or is published in such local 
papers or in such other manner, as the municipality 
in by-laws in this behalf prescribes. 

Defective (^) No notice or bill shall be invalid for defect 

form not of form, 
to invali- 

^ecution 6 ' (5) When any notice under this chapter requires 
of acts re- an y ac * to ^ e done f° r which no time is fixed by 
qnired to this Act, the notice shall fix a reasonable time for 
be done by doing the same. 

any notice. 

{6) In the event of non-compliance with the terms 

of the notice it shall be lawful for the municipality 
to take such action or such steps as may be neces- 
sary for the completion of the act thereby required 
to be done, and all the expenses therein incurred 
by the municipality shall be paid by the person or 
persons upon whom the notice was served, and shall 
be recoverable in the manner provided in section 
160. 



[ a ] "Notice" was substituted for "bill" by Bom. Ill of 
1902, * 2. 



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of 1901] Municipal Act, 1901. 135 

(Chap. IX. — Municipal Powers and Offences. 
Sees. 155-156.) 

• 

155. Whoever disobeys or fails to comply with Punishment 
any lawful direction given by any written notice for disobe- 
issued by a municipality under any power conferred ^ noe to 
by this chapter, or fails to comply with the conditions no ^^^ t 
subject to which any permission was given to him punishable 
by the municipality under any power so conferred, nnder any 
shall, if the disobedience or failure is not an offence J^er sec- 
punishable under any other section, be punished with 10n * 
fine which may extend to fifty rupees, and with 
further fine which may extend to five rupees for 
every day on which the said disobedience or failure 
continues after the date of the first conviction : 

provided that when the notice fixes a time within 
which a certain act is to be done, and no time is 
specified in this Act, it shall rest with the Magis- 
trate to determine whether the time so fixed was a 
reasonable time within the meaning of this Act. 

156- (1) Whenever, under the provisions of this Mnnicipali- 
Act, any work is required to be executed by the ty in default 
owner or occupier of any building or land, and ofowneror 
default is made in the execution of such work, the ^y P ^. 
municipality, whether any penalty is or is not pro- onte works 
vided for such default, may cause such work to be and recover 
executed ; and the expenses thereby incurred shall, ^P® 11868 * 
unless otherwise expressly provided in this Act, be 
paid to them by the person by whom such work 
ought to have been executed, and shall be recover- 
able in the same manner as an amount claimed on 
account of any tax recoverable under chapter VIII 
either in one sum or by instalments as to the muni- 
cipality may seem fit : 

provided that 

(a) whenever any drainage scheme or water- Agreement 
works scheme has been commenced by any muni- for con- 
cipality, it shall be lawful for the municipality, 8trnction of 
without prejudice to their powers under sub-section f^dwater- 
(1) or section 101 or any other provision of this connections. 
Act, to make a special agreement with the owner 



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136 The Bombay District [bom. m 

{Chap. IX. — Municipal Powers and Offences. 
Sec. 156.) 

• of any building or land as to the manner in which 

the drainage or water-connection thereof shall be 
carried out, and the pecuniary or other assistance, 
if any, which the municipality shall render, and 
any payment agreed upon by the owner shall be 
recovered in accordance with the terms of such 
agreement, or in default, in the manner described 
in sub-sections (2) and (3) : 

provided also that 
Improve- (J) when an order has been passed under sub- 

ment ex- section (3) of section 90, sub-section (I) of section 

penses. Q ^ ^ sub . seoti(m ^ |~a] Qr ^ of sect i on 95 r 

under section 99, 101, 106 or 107 or when permis- 
sion has been given under section 102, or when an 
arrangement has been made under proviso (a) of 
this sub-section, the municipality may, without 
prejudice to any other powers under this Act, if 
they think fit, declare any expenses incurred as 
aforesaid by the municipality to be improvement 
expenses. Improvement expenses shall be a 
charge upon the premises or land, and shall be 
levied in such instalments as the municipality 
decide, including interest at the rate of six per cent, 
per annum, and shall be recoverable in the manner 
described in sub-sections (£) and (3). 

Power to (#) If the defaulter be the owner of the building 

levy chafes or land, the municipality may, by way of additional 

^rma P10P reme< ty> whether a suit or proceeding has been 

deduct the brought or taken against such owner or not, require, 

same from subject to the provisions of sub-section (3), the 

his rent, payment of all or any part of the expenses payable by 

the owner for the time being, from the person who 

then, or any time thereafter, occupies the building or 

land under such owner ; and in default of payment 

thereof by such occupier on demand, the same may 

be levied from such occupier, and every amount so 

leviable shall be recoverable in the same manner as 

[a-ai « Sub-section (#) " was substituted for " sub-section 
(1) " by Bom. Ill of 1902, s. 2. 



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of 1901] Municipal Act, 1901. 137 

(Chap. IX. — Municipal Powers and Offences. 
Sec. 157.) 

an amount claimed on account of any tax recover- 
able under chapter VIII ; every such occupier shall 
be entitled to deduct from the rent payable by him 
to his landlord so much as has been so paid by or 
recovered from such occupier in respect of any such 
expenses. 

(3) No occupier of any building or land shall be Occupiers 
liable to pay more money in respect of any expenses not to be 
charged by this Act on the owner thereof, than the liabl ° ** 
amount of rent which is due from such occupier for the amonn t 
the building or land in respect of which such expenses of rent due. 
are payable at the time of the demand made upon 
him, or which at any time after such demand and 
notice not to pay the same to his landlord, has accrued 
and become payable by such occupier, unless he 
neglect or refuse, upon application made to him for 
that purpose by the municipality, truly to disclose 
the amount of his rent, and the name and the address 
of the person to whom such rent is payable ; but the 
burden of proof that the sum demanded of any such 
occupier is greater than the rent which was due by 
him at the time of such demand, or which has since 
accrued, shall be upon such occupier : 

provided that nothing herein contained shall be 
taken to affect any special contract made between 
any such occupier and the owner respecting the 
payment of the expense of any such works as afore- 
said. 

157« Whenever default is made by the owner of Occupier, in 
any building or land in the execution of any work default of 
required to be executed by him, the occupier of such °wner, may 
building or land may, with the approval of the ^^ a and 
municipality, cause such work to be executed, and deduct 
the expense thereof shall be paid to him by the expenses 
owner, or the amount may be deducted out of the from his 
rent from time to time becoming due from him to renfc * 
such owner. 



B 1159—18 



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138 The Bombay District [bom. hi 

(Chap. IX. — Municipal Powers and Offences. 
Sees. 158-159.) 

Proceedings 158- If the occupier of any building or land 
o c^' prevent the owner thereof from carrying into effect, 
opposed the ^ n respect of such building or land, any of the provi- 
execution sions of this Act, after notice of his intention so to 
of the Act. carry them into effect has been given by the owner 
to such occupier, any Magistrate upon proof thereof, 
and upon application of the owner, may make an 
order in writing requiring such occupier to permit 
the owner to execute all such works, with respect to 
such building or land, as may be necessary for 
carrying into effect the provisions of this Act, and 
may also, if he think fit, order the occupier to pay 
to the owner the costs relating to such application 
or order ; and if, after the expiration of eight days 
from the date of the order, such occupier continue 
to refuse to permit such owner to execute such work, 
such occupier shall, for every day during which he 
so continues to refuse, be punished with a fine which 
may extend to fifty rupees ; and every such owner, 
during the continuance of such refusal, shall be dis- 
charged from any penalties to which he might other- 
wise have become liable by reason of his default in 
executing such works. 

Entry for 159. It shall be lawful for the president or vice- 
purposes of president, or any councillor or officer authorized by 
the Act. ^ie municipality for such purposes, to enter for the 
purposes of this Act, between sunrise and sunset, 
into and upon any building or land, as well for the 
purpose of making any survey or inspection they 
may be entitled to make as for the purpose of execut- 
ing any work authorized by this Act to be executed 
by them : 

provided that, except when herein otherwise pro* 
vided, no building or land which may be occupied 
at the time shall be entered unless with the consent 
of the occupier thereof, without twenty-four hours' 
written notice thereof having been given to the said 
occupier : 



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o* 1901] Municipal Act, 1001. 139 

(Chap. IX* — Municipal Powers and Offences. 
Sec. 160.) 

provided also that in the case of buildings used as 
human dwellings, due regard shall be paid to the 
social and religious customs of the occupiers. 

160. (l) If a dispute arises with respect to any Arbitration 
compensation, damages, costs or expenses which are m cases of 
by this Act directed to be paid, the amount, and if ^ ™ P etcT 
necessary the apportionment of the same, shall be 
ascertained and determined by a panchayat of five 
persons, of whom two shall be appointed by the 
municipality, two by the party [ a ] to or from whom 
such compensation, damages, costs or expenses may 
be payable or recoverable [ a ] and one, who shall be 
sir-panch, shall be selected by tho members already 
appointed as above. 

(£) If either party or both parties fail to appoint 
members, or if the members fail to select a sir- 
panch within one month from the date of either 
party receiving written notice from the other of claim 
to such compensation, damages, costs or expenses, 
such members as may be necessary to constitute the 
panchayat shall be appointed, at tho instance of either 
party, by the District Judge. 

(3) In the event of the panchayat not giving a 
decision within one month from the date of the 
selection of the sir-panch, or of the appointment by 
the District Court of such members as may be 
necessary to constitute the panchayat, the matter 
shall, on application by either party, be determined 
by the District Court which shall, in cases in which 
the compensation is claimed in respect of land, follow 
as far as may be the procedure provided by the Land 
I of 1894. Acquisition Act, 1894, for proceedings in matters 
referred for the determination of the Court : 

provided that 

(a) no application to the Collector for a 
reference shall be necessary, and 

j- a -aj These words were substituted for a to receive componsar 
tion " by Bom. Ill of 1902, s. 2. . 



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140 



The Bombay District [bom. hi 



{Chap. X. — Prosecutions^ Suits and Powers of 
Police. Sees. 161-162.) 

(J) the Court shall have full power to give and 
apportion the costs of all proceedings in any 
manner it thinks fit. 



Municipa- 
lity may 
prosecute. 



Jurisdiction 
of Magis- 
trate. 



Distress 
lawful 
though 
defective 
in form. 



CHAPTER X.— Prosecutions, Suits and 
Powebs of Police. 

161- (1) The municipality may direct any pro- 
secution for any public nuisance whatever, and may 
order proceedings to be taken for the recovery of 
any penalties, and for the punishment of any persons 
offending against the provisions of this Act, or of 
any by-law thereunder, and may order the expenses 
of such prosecutions or other proceedings to be paid 
out of the municipal fund : 

provided that no prosecution for an offence under 
this Act shall be instituted except within six months 
next after the commission of such offence. 

(5) Any prosecution under this Act or under any 
by-laws thereunder may, save as therein otherwise 
provided, be instituted before any Magistrate and 
every fine or penalty imposed under or by virtue of 
this Act or any by-law thereunder, and also all 
claims to compensation or other expenses for the 
recovery of which no special provision is otherwise 
made in this Act, may be recovered on application 
to such Magistrate, by the distress and sale of any 
moveable property within the limits of his jurisdic- 
tion belonging to the person from whom the money 
is claimable. 

162. No distress levied by virtue of this Act 
shall be deemed unlawful, nor shall any party making 
the same be deemed a trespasser, on account of 
any defect or want of form in any summons, convic- 
tion or warrant of distress, or other proceeding 
relating thereto, nor shall such party be deemed a 
trespasser ab initio on account of any irregularity 



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op 1901] Municipal Act, 1901. 141 

{Chap. X — Prosecutions, Suits and Powers of 
Police. Sees. 163-165.) 

afterwards committed by him; but all persons 
aggrieved by such irregularity may recover full 
satisfaction for the special damage in any Court of 
competent jurisdiction, 

163. If through any act, neglect or default, on Damage to 
account whereof any person shall have incurred any municipal 
penalty imposed by or under this Act, any damage ^^^ e 
to the property of the municipality shall have been g 00( j. 
committed by such person, he shall be liable to make 
good such damage as well as to pay such penalty, 
and the amount of damage shall, in case of dispute, 
be determined by the Magistrate by whom the per- 
son incurring such penalty is convicted, and on non- 
payment of such damage on demand the same shall 
be levied by distress, and such Magistrate shall issue 
his warrant accordingly. 

164* In lieu of proceeding by distress and sale, Alternative 
or in case of failure to realise by so proceeding the procedure 
whole or any part of any amount recoverable under by sai *" 
the provisions of chapter VIII, or of any compensa- 
tion, expenses, charges or damages awarded under 
this Act, it shall be lawful for the municipality to 
sue in any Court of competent jurisdiction the per- 
son liable to pay the same, as also any other person 
who may have in any other way caused, or may 
appear likely to cause, any injury to any property, 
rights or privileges of the municipality. 

165- (1) The municipality may compound or Power to 
compromise in respect of any suit instituted by or compro- 
against them, or, in respect of any claim or demand ml8e# 
arising out of any contract entered into by them 
under this Act, for such sum of money or other 
compensation as they shall deem sufficient : 

provided that, if any sanction in the making of 
any contract is required by this Act, the like pre- 
vious sanction shall be obtained for compounding or 
compromising any claim or demand arising Out of 
such contract. 



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142 



The Bombay District [bom, hi 



Assistance 
for the 
recovery 
of rent 
on land. 



Limitation 
of suits, etc. 



Powers of 
Police- 
officers. 



(Chap. X. — Prosecutions, Suits and Powers of 
Police. Sees. 166-168.) 

(2) The municipality may make compensation out 
of the municipal fund to any person sustaining any 
damage by reason of the exercise of any of the 
powers vested in them, their officers and servants 
under this Act. 

166. For the purpose of the recovery of any 
amount due on account of rent from any person to 
a municipality in respect of any land vested in[ a ] or 
otherwise held by[ a ] such municipality, the muni- 
cipality shall be deemed to be superior holders, and 
every such person an inferior holder, of such land, 
within the meaning of sections 86 and 87 of the 
Bombay Land- ttevenue Code, 1879, and the munici- Bom. v of 1879. 
pality as superior holders shall be entitled, for the 
recovery of every such amount, to all the assistance 
to which under the said sections superior holders are 
entitled for the recovery of rent or land-revenue 
payable to them by inferior holders. 

167- No suit shall be commenced against any 
municipality, or against any officer or servant of a 
municipality, or any person acting under the orders 
of a municipality, for anything done, or purporting 
to have been done, in pursuance of this Act, without 
giving to such municipality, officer, servant or per- 
son one month's previous notice in writing of the 
intended suit and of the cause thereof, nor after six 
months from the date of the act complained of ; 

and in the case of any such suitf or damages, if ten- 
der of sufficient amends shall have been made before 
the action was brought, the plaintiff shall not recover 
more than the amount so tendered, and shall pay all 
costs incurred by the defendant after such tender. 

168. (1) Any Police-officer may arrest any per- 
son committing in his view any offence against any 
of the provisions of this Act or of any by-law there- 
under, if the name and address of such person be 



[*-»] Thtfse words were inserted by Born. Ill of 1902, s. 2* 



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of 1901] Municipal Act, 1901. 143 

{Chap. XI. — Municipal Accounts. Sec. 169.) 

unknown to him, and if he decline to give his name 
and address, or if the Police-officer have reason to 
doubt the accuracy of such name and address if 
given, and such person may be detained at the 
station-house until his name and address shall be 
correctly ascertained : 

provided that no person arrested shall be detained 
without the order of a Magistrate longer than shall 
be necessary for bringing him before a Magistrate, 
or than twenty-four hours at the utmost. 

(£) It shall also be the duty of all Police-officers 
to give immediate information to the municipality 
of the commission of any offence against the pro- 
visions of .this Act or of any by-law thereunder, and 
to assist all municipal officers and servants in the 
exercise of their lawful authority. 



CHAPTER XI.— Municipal Accounts. 

269* (1) Every municipality shall have prepared Presenta- 
and laid before them, at their periodical general tion of 
meetings, complete accounts of the receipts and ex- accoun *• 
penditure of the municipality since the 1st day of 
April last preceding, and at a general meeting which 
shall, if possible, be held on such day between the 
10th January and the 1st of March as may be fixed 
in this behalf by the rules of the municipality, a 
complete account of the actual and expected re- 
ceipts and expenditure for the financial year ending 
on the 31st March next following, together with a 
budget estimate of the income and expenditure of Budget 
the municipality for the financial year to commence Estimates. 
on the 1st April next following. 

(2) The municipality shall thereupon decide upon 
the appropriations, and the ways and means contain- 
ed in the budget of the year to commence on the 1st 
April next following. The budget so sanctioned 
may be varied or altered from time to time, as cir- 
cumstances may render desirable, at a special general 
meeting called for the purpose. 



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144 



The Bombay District [bom. in 



Audit of 
accounts. 



{Chap. XI. — Municipal Accounts. Sees. 170-178. 
Chap. XII.— Control. Sec. 173.) 

(3) The municipality shall at the general meet- 
ing in April, or after audit of the past yoar's 
accounts, if such audit has not before that general 
meeting taken place, pass the accounts of the 
past year. 

170- (1) The municipal accounts shall from 
time to time, and once in every year at the least, b9 
audited by such agency as may be prescribed in the 
rules of the municipality, or if the Governor in 
Council so direct, by a Government auditor. 

(2) The auditor, or auditors, shall for the pur- 
poses of their office, have aqcess to all the accounts 
and other records of the municipality. 

(3) The municipality shall pay from the muni- 
cipal fund such charges for the audit as may be 
agreed upon, or if the auditor is a Government 
auditor, then such charges as may be prescribed by 
the Governor in Council* 

171« The municipality shall as soon as the 
annual accounts have been finally passed by them, 
transmit to the Governor in Council, or any officer 
duly authorized by him, in this behalf, a copy there- 
of, or an account in such form as the Governor in 
Council may prescribe, and shall furnish such 
details and vouchers relating to the same as the 
Governor in Council or such officer may from time 
to time direct. 

Publication 172- The quarterly and annual accounts of 
of acoounts. receipts and expenditure, and the budget when sanc- 
tioned, shall be opened to public inspection, and 
shall be published in the vernacular language of 
the district in such manner as the municipality 
may prescribe in this behalf. 



Transmis- 
sion of 
accounts 
to Govern- 
ment, 



Collector's 
powers of 
inspection 
and super- 
vision. 



CHAPTER XII.— Control. 

173. (1) The Collector shall have power — 

(a) to enter on and inspect, or cause to be en- 
tered on and inspected, any immoveable property 



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of 1901] Municipal Act, 1901. 145 

(Chap. XII.— Control. Sec. 174.) 

occupied by any municipality, or any work in 
progress under them or under their direction ; 

(b) to call for any extract from the proceedings 
of any municipality or of any committee or for 
any book, or document in the possession of or 
under the control of a municipality, and any re- 
turn, statement, account, or report which he may 
think fit to require such municipality to furnish ; 

(c) to require a municipality to take into their 
consideration any objection which appears to him 
to exist to the doing of anything which is about to 
be done or is being done by such municipality, or 

any information which he is able to furnish and N 

which appears to him to necessitate the doing of 
a certain thing by the municipality, and to make 
a written reply to him within a reasonable time 
stating their reasons for not desisting from doing, 
or for not doing, such thing. 

(2) All or any of the powers given to the Col- 
lector by this section may be delegated by him to 
the Assistant or Deputy Collector in charge of a 
tdluka in so far as concerns any municipality other 
than a City Municipality in such tdluka. 

174. (1) If> in the opinion of the Collector, the Collector's 
execution of any order or resolution of a muni- power of 
cipality, or the doing of anything which is about to j^J^™* 
be done or is being done by or on behalf of a muni- f orders, 
cipality, is causing or is likely to cause injury or etc., of mu- 
annoyance to the public, or t& lead to a breach of aicipalities. 
the peace, or [ a ] is unlawful, he may, by order in 
writing under his signature, suspend the execution 
or prohibit the doing thereof. 

(2) When a Collector makes any order under this Collector's 
section, he shall forthwith forward to the Comnis- order to bo 
sioner and to the municipality affected thereby a^P ^* 
copy of the order, with a statement of the reasons 8 j iior, who 
for making it ; and it shall be in the discretion of may con- 
tbe Commissioner to rescind the order, or to direct firm or 
that it continue in force with or without modifica* modl v lfc * 
tion, permanently or for such period as bethinks fit. 



[ a ] Wprd repealed by Bom. IV of 1904, s. 10, is omitted. 
1159— 19 

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JEvery case 
under this 
section to 
be reported 
to Govern- 
ment for 
their final 
orders. 

Extraordi- 
nary powers 
of Collector 
in case of 
emergency. 



Power of 
Commis- 
sioner to 
prevent"ex- 
travagance 
in the em- 
ployraenf>of 
establish- 
ment. 



146 Bombay District [bom. hi 

{Chap. XII.— Control. Sees. 175-176.) 

(3) The Commissioner shall forthwith submit to 
the Governor in Council a report of every case 
occurring under this section, and the Governor in 
Council may revise or modify any order made there- 
in, and make in respect thereof any other order 
which the Commissioner could have made. 

175. (l) In cases of emergency the Collector 
may provide for the execution 6f any work, or the 
doing of any act, which a municipality are em- 
powered to execute or do, and the immediate execu- 
tion or doing of which is, in his opinion, necessary 
for the health or safety of the public, and may direct 
that the expense of executing the work or doing the 
act, with a reasonable remuneration to the person 
appointed to execute or do it, shall be forthwith paid 
by the municipality. 

(2) If the expense and remuneration are not so 
paid, the Collector may make an order directing any 
person, who for the time being has custody of any 
moneys on behalf of the municipality, to pay such 
expense and remuneration from such moneys as he 
may have in his hands or may from time to time 
receive, and such person shall be bound to obey such 
order. 

(3) The provisions of sub-sections (#) and (3) of 
section 174 shall apply, so far as may be, to any 
order made under this section. 

176* K in the opinion of the Commissioner the 
number of persons who are employed by a muni- 
cipality as officers or servants, or whom a muni- 
cipality propose to employ, or the remuneration 
assigned by the municipality to those persons, or to 
any particular person, is excessive, the municipality 
shall, on the requirement of the Commissioner, 
reduce the number of the said persons or the 
remuneration of the said person or persons : 

provided that the municipality may appeal 
against any such requirement to the Governor in 
Council, whose decision shall be conclusive. 



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of 1901] Municipal Act, 1901. 147 

(Chap. X1L— Control. Sees. 177-178) 

177* (-0 It shall be lawful for the Governor in Governor 
Council — in Council 

/.\ , • .i. • i « • • i. j.- ,raay require 

(e) to require, if in his opinion at any time such any city 
an appointment is necessary, the appointment Manioi- 
of a chief officer or of a health officer, or P alifc y *° 
of an engineer, or any one or more of such*£P£ m 
appointments, to be made by any City officer, 
Municipality ; health 

(ii) to make in his discretion an order vetoing ° n ^giJ 
the appointment, or continuance in any suchneer. 
office, of any person selected therefor or ap- 
pointed thereto by any such municipality, and 
the tenure of such office by any such person 
shall cease and determine on and from the date 
on which such order is communicated to the 
municipality ; 

{Hi) to require that any person appointed to be a 
chief officer shall be invested by any such 
municipality with all or any of the powers 
which can under this Act or under any rules in 
force at the time be lawfully delegated to him, 
in addition to such powers as are conferred on 
him by section 183 ; 

{iv) to require that all or any of the powers 
referred to in section 144 or in section 145 (if 
the conditions under which that section comes 
into operation exist), shall be delegated by any 
such municipality, whether there be a chief 
officer or not, to the president, vice-president 
or any such councillor as the Governor in 
Council may deem fit. 

(2) Any requisition issued to the municipality 
under clause (i) f (Hi) or (iv) of sub-section (1) above 
shall be complied with within such time as the 
Governor in Council may in each case prescribe in 
that behalf. 

178. (1) When the Governor in Council is Power of 
informed, on complaint made or otherwise, that a Govern- 
municipality have made default in performing any ment to 



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us 



The Bombay District [bom. ill 



( Chap. XII. —Control. Sec. 179.) 

provide for duty imposed on them by or under this Act, or by 
perform- or under any enactment for the time being in force, 
duties hi ^ e G° vernor m Council, if satisfied after due inquiry 
default of that the municipality have been guilty of the alleged 
munici- default, may direct the Commissioner to fix a period 
pality. f or th e performance of that duty. 

(2) If that duty is not performed within the 
period so fixed, the Commissioner may appoint some 
person to perform it, and may direct that the expense 
of performing it, with a reasonable remuneration to 
the person appointed to perform it, shall be forth- 
with paid by the municipality. 

(3) If the expense and remuneration are not so 
paid, the Commissioner may make an order direct- 
ing any person, who for the time being has custody 
of any moneys on behalf of the municipality, to pay 
such expense and remuneration from such moneys 
as he may have in his hands or may from time to 
time receive, and such person shall be bound to obey 
such order. 

179. (1) Iff in the opinion of the Governor in 
Council, any municipality are not competent to per- 
form, or persistently make default in the perform- 
ance of, the duties imposed on them by or under 
this Act, or otherwise by law, or exceed or abuse 
their powers, the Governor in Council may, by an 
order published, with the reasons for making it, 
in the Bombay Government Gazette, declare the 
municipality to be incompetent or in default, or 
to have exceeded or abused their powers, as the case 
may be, and supersede them for a period to be 
specified in the order. 

(2) When the municipality are so superseded, the 
following consequences shall ensue : — 

(a) all councillors of the municipality shall, as 
from the date of the order, vacate their offices as 
such councillors ; 

(5) all powers and duties of the municipality 
shall, during the period of supersession, be 



Power of 
Govern- 
ment to 
supersedo 
municipa- 
lity in case 
of incom- 
petency, 
default or 
abuse of 
powers. 



Consequen- 
ces of exer- 
cise of such 
power. 



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of 1901] Municipal Act, 1901. 149 

( Chap, XII.— Control Sec. 180. Chap. XIII— 

Special Provisions for City Municipalities. 

Sec. 181.) 

exercised and performed by such person or persons 
as the Commissioner from time to time appoints 
in that behalf ; 

(c) all property vested in the municipality 
shall, during the period of supersession, vest in 
His Majesty* 

(3) If, after inquiry made, the Governor in Coun- Power after 
cil so directs, the period of supersession with all inquiry to 
the consequences aforesaid shall from time to time con t ln u e 
be continued by an order published as aforesaid until ^S^rses- 
such date as may be fixed by the Governor in Coun- s ion. 

cil for the re-establishment of the municipality, 

(4) The municipality shall be re-established by 
the election or appointment of new councillors under 
the provisions of this Act applicable thereto, 

(a) if no direction has been made under sub- 
section (3), then on the expiration of the period 
specified in the order of supersession under sub- 
section (I), and 

(6) if a direction has been made under sub- 
section (3), then on such date as is fixed under 
that section for the re-establishment of the 
municipality. 

180. In all matters connected with this Act, the Powers of 
Governor in Council, each Commissioner and each Govem- 
Collector shall, respectively, have and exercise the D ? en * and of 
same authority and control over the Commissioners, m -j w i ^ g 
the Collectors and their subordinates, as he has and over Col- 
exercises over them in the general and revenue lectors, etc. 
administration, 



CHAPTER XIII.— Special Provisions for 
City Municipalities. 

181* (1) The Governor in Council may, at any Constihi- 
time, in respect of any municipal district which con- tion of City 
tains a population of not less than fifteen thousand Mnnicfc 
inhabitants, declare, by notification, the muni- paKtie8, 



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150 



The Bombay District [bom. hi 



City Muni- 
cipality 
may ap- 
point a 
ohief offi- 
cer, health 
officer and 
engineer. 



Powers of 

chief 

officer* 



(Chap. XIII. — Spedial Provisions for City 
Municipalities. Sees. 182-183.) 

cipality thereof, which shall be specified in the 
notification, to be a City Municipality. 

(2) The Governor in Council may, in respect of 
any municipality so declared, or in respect of an^ 
municipality specified in Schedule B, direct by noti- 
fication, specifying such municipality, that from 
such date as shall be fixed by the notification con- 
taining such direction, the municipality specified 
shall cease to be a City municipality, and such 
municipality shall, on the date fixed, cease to be a 
City municipality accordingly. 

132. 00 Any City Municipality may, if they 
think fit, appoint a chief officer and a health offi- 
cer and an engineer, or any one or more of such 
officers or such municipality may in their discretion 
appoint one person, whether temporarily or per- 
manently, to discharge the duties of any two or of 
all of such offices. 

(#) No such officer shall, save with the previous 
sanction of the Governor in Council, be removeable 
from office unless by the votes of at least three- 
fourths of the whole number of councillors. 

(5) When a chief officer shall have been 
appointed, all other officers and servants employed 
by the municipality shall be subordinate to him. 

183* The chief officer in a City Municipality 
shall exercise the powers hereinafter specified, and" 
such other powers as may be delegated to him by 
the municipality under the provisions of this Act : 

(a) he shall have power, subject to the provi- 
sions of this Act and of the by-laws for the time 
being in force thereunder, to grant, give and 
issue under his signature all licenses and per- 
missions which may be granted or given by 
a municipality under this Act, other than 
licenses for markets or slaughter-houses ; and 

(5) he may, subject to the provisions aforesaid, 
at his discretion suspend, withhold or withdraw 



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op 1901] Municipal Act, 1901. 151 

{Chap. X11L — Special Provisions for City 
Municipalities. Sec, 1S3.} 

any license, in any case in which he is empowered 
as aforesaid to grant or give a license, and in 
which the municipality may under the provisions 
aforesaid suspend, withhold or withdraw such 
license ; 

(c) he shall receive and recover and credit to 
the municipal fund all fees ^payable for licenses 
and permissions granted or given by him under 
the powers aforesaid ; 

(d) he may make such requisitions by written 
notice, give such written consent or permission, 
issue such orders and prohibitions, and exercise 
all such powers as may be made, given, issued or 
exercised by a municipality under any provisions 

. contained in — 

(i) sub-section (2) of section 91, 
(it) [ a J sub-section (£), [ ft ] sub-section (3) or 
clause (a) of sub-section (5) of section 96. 
(Hi) section 102, 

(iv) sub-section (1) of section 110, 
(v) section 111, 
(vi) section 114, 
(vii) section 115, 
(viH) section 118, 
{ix) section 119, 
(x) section 121, 
(xi) section 122, 
(xii) section 123, 
(xiii) section 124, 
(xiv) section 125, 
(xv) section 126, 
(xvi) section 127, 
(xvii) section 128, 
(xviii) section 180, 
(xix) sub-section (I) of section 131, 
(xx) section 132, 



ja-a] i'. Sub-section (2) " was substituted for "sub-section (2)" 
by Bom. Ill of 1902, s. 2. 



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152 



The Bombay District [bom. hi 



punish- 
ment. 



(Chap. XIII. — Special Provisions for City 
Municipalities. Sees. 184*186.) 

(xxi) section 134, 
(xxii) section 142, 
(xxiii) section 143, 

(xxiv) clause (b) of sub -section (2) of section 
144. 

Chief offi- 184> The chief officer shall have, independently 
cer'spowers f BUC ] 1 p 0wers as ma y be delegated to him by the 
mentand 1 " municipality in this behalf, power — 
(a) to appoint — 

(i) without the previous sanction of the muni- 
cipality, to any post the monthly salary for which 
as fixed by rules made under clause (b) of section 
46 does not exceed Rs. 15, and 

(ii) with such previous sanction in each case, 

to any post under the municipality othar than 

that of the health officer, engineer or chief 
accountant, and 

(6) to fine, reduce, suspend or dismiss any muni- 
cipal servant whose salary does not exceed Rs. 15, 
and, subject to the provisions of the rules for the 
time being in force, any other municipal officer or 
servant not being the health officer, engineer, or 
chief accountant, provided that in respect of any 
punishment other than a fine not exceeding one 
week's salary his order shall be subject to an appeal 
to the municipality. 

185- The chief officer may, with the sanction 
of the municipality, delegate any of the powers 
conferred on him to any officer subordinate to him, 

186. (1) The Chief Officer may, with the per- 
mission of the president, or in virtue of a resolution 
passed in this behalf at any meeting of the munici- 
pality or of any committee, make an explanation 
in regard to any subject under discussion at such 
meeting, but shall not vote upon or make any 
proposition at any such meeting. 



Delegation 
of chief 
officer's 
powers. 

Chief offi- 
cer may 
take part in 
discussions. 



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o* 1901] Municipal Act, 1901. 153 

(Chap. XIV.— Notified Areas. Sees. 187-188.) 

CHAPTER XIV.— Notified Areas. 

187« (1) The Governor in Council may by noti- Constttu- 
fieation declare that with respect to some or all of Jjf^il 
the matters upon which a municipal fund may be 
expended under this Act, improved arrangements 
are required within a specified area, which, never- 
theless, it is not expedient to constitute as a 
municipal district under section 7. 

(2) An area in regard to which a notification has 
been issued under sub-section (1) is hereinafter 
called a notified area. 

(3) No area shall be made a notified area unless 
it 

(t) contains a town which is the head-quarters 
of a taluka, or 

'f (ii) is within a distance of one mile from a 
railway station : 

and no such area shall include two or more towns 
or villages which are separated by an extent of more 
than one mile of land unoccupied by houses. 

188. (1) The Governor in Council may by Power of 
notification Govern- 

ment to 
[ a J (a) apply or adapt to any notified area the impose tax- 
provisions of any section of this Act, or part of ation and 
any such section, or of any rules in force opTOgul ^L re 
which can be imposed in any municipal district ®f ^ 
under the provisions of this Act, subject to such proceeds 
restrictions and modifications, if any, as he may thereof, 
think fit ; 

(&) impose in any such area any tax, which 
might be imposed therein under the provisions of 
this Act if the said area were a municipal district ; 

(p) appoint a person or a committee for the 
purposes of the assessment and recovery of any 

[ a ] Clause (a) was substituted for the original clause by 
Bom. Ill of 1903, s. 2 (I) (a). 

b 115&-20 



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154 The Bombay District [bom. m 

(Chap. XIV.— Notified Areas. Sees. 189*191.) 

tax imposed under clause (J), and in order to 
arrange for the due expenditure of the proceeds of 
such taxes, and for the preparation and nfainte- 
nance of proper accounts, and generally for en- 
forcing the provisions of any sections [ a ] or rules 
applied or adapted [ a ] under clause (a) : 

provided that in any such area as is described in 
clause (i) of sub-section (5) of section 187, a com- 
mittee shall be appointed for such purposes consist- 
ing of not less than three or more than five persons, 
of whom a majority shall be residents of such area, 

(2) The proceeds of any tax levied in any notified 
area under this section shall be expended only in 
some manner in which if the notified area were a 
municipal district, the municipal fund thereof 
might be expended. 

Application 189* For the purposes of any section of this Act 
of Act to which may be applied [ b ] to a notified area, the per- 
notified gon 0P committee appointed for such area under 
^^ section 188 shall be deemed to be a municipality 

under this Act, and the area shall be deemed to be 

a municipal district, 

Prelimin- 190. (1) Before issuing any notification under 
*"*» to sub-section (1) of section 187 or under clause (a) 
notification. 0p ^ of su b. S ection (1) of section 188, the Gov- 
ernor in Council shall, so far as may be, follow the 
procedure prescribed in section 8. 

Power to (2) The Governor in Council may at any time 

cancel noti- cance l any notification under section 187 or 188. 
ncation. " 

Application 191- When by reason of any order of cancella- 
of funds of tion under the last foregoing section any area ceases 
•^^d* 8 " *° ^ e B0 ^ e ^> *^e unexpended proceeds of any taxes 
notified. 6 levied therein under section 188 shall be applied 
for the benefit of the inhabitants of the said area as 
the Governor in Council may think fit. 

[•-*] These words were substituted for " applied " by Bom. 
Ill of 1908, s. 2 (2) (6). 

Applied " was substituted for " extended" by Bom. Ill 
• s. 2 (2). 



of 1903, a. 



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y* 



o* 1901] Municipal Act, 1901. 165 

{Schedules A and B.) 

SCHEDULE A. 

(See clause (b) [ a ] of section 60.) 
Nptice is hereby given to the inhabitants of the * To be 
municipal district of that the muni- gT^Sfi? 

cipality desire to impose the tax, rate, toll, octroi t be sub- 
or cess (as the case may be) defined in the rules stitnted for 
appended,, [in lieu of the tax known as the anyexist- 

which is published at page of the mg ax * 
sanctioned rules].* 

Any inhabitant of the municipal district object- 
ing to the proposed tax may, within [ b ] one month £*] 
from the date of this notice, send his objections in 
writing to the municipality. 

Rules. 

(The rules prepared by the municipality under 
clause (b) [ a ] of section 60 are to be appended 
here.) 

SCHEDULE B. 

(See sub-section (3) of section 82.) 

Form of Notice of Demand. 
To 

A. JB. $ residing at 



Take notice that the municipality of 
demand from 
the sum of due from 

on account of 

(here describe the property or other subject in 
respect of which the tax is leviable) 

[*]The words " of subjection (3) " were deleted by Bom. Ill 
of 1902/ s. 2. 

|-b-b] a o n e month " was substituted for " a fortnight » by 
Bom. Ill of 1902, s. 2. 



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156 The Bombay District [bom, in 

{Schedule C.) 

leviable under rule No. for the period 

of commencing on the day 01 

19 and ending on the day of 

19 9 and that if, within fifteen days from the 
service of this notice, the said sum is not paid into 
the municipal office at , and sufficient 

cause for non-payment is not shown to the satisfac- 
tion of the municipality, a warrant of distress will 
be issued for the recovery of the same with cost. 
Dated this day of 19 . 

(Signed) , 

By order of the Municipality of 



SCHEDULE C. 

(See sub-section (1) of section 83.) 

Form of Warrant. 

(Here insert the name of the officer charged with 
the execution of the warrant.) 

Whereas A. B. of has not paid, 
and has not shown satisfactory cause for the non- 
payment of, the sum of due for the 
•(Here tax * mentioned in the margin for the period 
describe commencing on the day of 19 and 
the tax.) ending with the day of 19 , and 
leviable under rule No. ; 

And whereas fifteen days have elapsed since the 
service on him of notice of demand for the same ; 
This is to command you to distrain, subject to the 

Krovisions of section 83 of the Bombay District 
[unicipal Act, 1901, the goods and chattels of the 
said A.B. to the amount of , being 

the amount due from him, as follows : — 

Be. a. p. 
On account of the said tax 
For service of notice ... 



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o* 1901] Municipal Act, 1901. 157 

{Schedule D.) 

and forthwith to certify to me together with this 
warrant all particulars of the goods seized by you 
thereunder. 

Dated this day of 19 . 

(Signed) , 

President (or as the case may be), see section 83 (2). 



SCHEDULE D. 



(See clause (c) of sub-section (4) of section 83 
[ a ] and sub-section (1) of section 79. [*]) 

(Farm of Inventory and Notice.) 
To * 

A. B. } 

residing at 

Take notice that I have this day seized the goods 
and chattels specified in the inventory beneath this, 
for the value of due for the tax * men- # (Here 

tioned in the margin for the period commencing with describe 
the day of 19 and ending with the <*etax.> 

day of 19 , together with Rs. 

due as for service of notice of demand, and that 
unless within five days from the day of the date 
of this notice you pay into the municipal office at 
the said amount together with the costp 
of recovery, the said goods and chattels will be sold. 

Dated this day of 19 . 

(Signature of officer executing the warrant.) 

Inventory. 

(Here state particulars of goods and chatties 
seized.) 

[*-»] These words were inserted by Bom. Ill of 1902, s. 2. 



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158 The Bombay District [bom. in 

Municipal Act, 1901. of 1901] 

(Schedule K) 

SCHEDULE E. 

(See clause (1) of section 3 and sub-section 
(2) of section 181.) 



Name of 


Municipality. 


Division* 


Ahmedabad 

Broach 

Surat 


••• •• • ••• 

••• ••• ••• 

... •• • ••« 


[-Northern Division. 


Belgaum 
Dh&rw&r 
Hubli 


■•• ••• ♦• • 
«•• ••• -••• 


^Southern Division' 


Shol&pur 
Ahmednagar 
N&sik 
Poona 


••• ••• ••• 

• • • ••• • • • 

••• ••• ••• 

••• ••• ••• 


> Central Division. 


Karachi 
Hyderabad 
Shik&rpur 
Sukkur 


••• ••• ••• 


> Province of Sind. 



BOMBAY: PRINTED AT TliK GOVLRNMENT CENTRAL FBESSt 



V 

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APR 8 1938 





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